Common use of Public Holidays Clause in Contracts

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 13 contracts

Samples: Clinical Physiology National Collective Agreement, Clinical Physiology National Collective Agreement, Clinical Physiology National Collective Agreement

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Public Holidays. 10.1 The 4.11 Public holidays to be observed (1) Employees will be entitled to the following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day : (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, a) New Year’s Day or 2 (1 January, where such a day falls on either a Saturday or a Sunday:); a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and Australia Day (26 January); (c) Good Friday; (d) Easter Monday; (e) Anzac Day (25 April); (f) The Queen’s birthday holiday (on the day in which it is celebrated in a State or Territory or a region of a State or Territory); (g) Christmas Day (25 December); (h) Boxing Day (26 December); (i) Any other day, or part day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the Holidays Act 2003. c) Should a public holiday fall on a weekendState or Territory, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday day or Sunday, falls on the employee’s rostered off duty part day, or a kind of day or part day, that is excluded by the employee shall be granted an alternative holiday at Fair Work Regulations 2009 from counting as a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b(2) Part-time employees – Where If under a part-time employee’s days state or territory law, a day or part day is substituted for one of work are fixedthe public holidays listed above, then the substituted day or part day is the public holiday. (3) The Secretary and an employee shall only be entitled to public holiday provisions if may agree on the substitution of a day or part day that would otherwise be a working public holiday, having regard to operational requirements. (4) An employee, who is absent on a day for or part day that employee. Where is a part-time employee’s days are not fixed, public holiday in the place where the employee shall be is based for work purposes, is entitled to be paid for the part or full day absence as if that day or part day was not a public holiday provisions if they holiday, except where that person would not normally have worked on the day of the week that the public holiday falls more than 40% of the time over the last three monthsday. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When Note Where a public holiday falls during a period when an employee is absent on a prevailing type of annual leave (such as discretionary miscellaneous leave without pay, long service leave, sick maternity leave) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (e.g., if on pay or special long service leave on at half pay, payment is at half pay). Note that, in accordance with the National Employment Standards, an employee is entitled not taken to that holiday which be on annual leave or personal/carer’s leave on a public holiday. (5) If an employee performs duty or is subject to a restriction direction under clause 3.25 on Easter Saturday in a jurisdiction where it is not debited against such leaverecognised as a public holiday, the employee will receive overtime, shift penalty or restriction allowance payments as if the day was a public holiday. (6) If under a law of a State or Territory every Sunday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate of pay if the employee performs work on that day, and the Sunday would otherwise be a public holiday under subclause (1).

Appears in 5 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Public Holidays. 10.1 The following days 13.1 Subject to Clause 13.1(e), all Regular Full-Time Employees and Temporary Full-Time Employees shall be observed as entitled to a holiday with pay on the following public holidays: , namely, New Year's Day 2 January Waitangi Day Day, (effective in 2013) Family Day, Good Friday Friday, Easter Monday ANZAC Day Sovereign's Birthday Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, New Year’s Day or 2 January, where such and any other day appointed by Council to be a day falls on either a Saturday or a Sundaycivic holiday. PROVIDED THAT: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer Whenever one of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or onabove-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a mentioned public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday holidays falls on a Saturday or a Sunday and its observance is transferred to the Government of Canada and the Government of the Province of British Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a Monday day other than Saturday or Tuesday which Sunday, then the employee also works. Such alternative holiday day so proclaimed shall be taken read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and paid as specified neither of the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday be observed on a day other than Saturday or Sunday, or the proclamations of such Governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday the Employer shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Holidays Act 2003same, designating the employee's holiday entitlement in accordance with one of the following methods: (i) one (1) day's pay at the employee's regular rate of pay, or (ii) a holiday with pay within the calendar year in which such public holidays falls, on any normal working day which immediately precedes or imme- diately follows one of the employee's normal rest days or one of the public holidays hereinbefore defined in this paragraph 13.1. 10.6 Those (b) In the case of an employee's termination of service for any reason, adjustment will be made for any over-compensation provided under paragraph (a)(ii) herein. (c) Prior to the posting of any notice advising the employees who work of their entitlement under paragraph (a) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. (d) Notwithstanding receipt of a night shift which straddles day's pay for a public holiday, it shall not be considered as time worked for the purpose of calculating overtime. (e) An employee will be paid at for a public holiday rates for those hours which occur only if the employee works on the public holiday scheduled working day prior to and the applicable rates for scheduled working day after such holiday, providing the remainder employee is not sick, on compensation, on annual vacation, or on authorized leave of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedabsence. 10.7 Off duty day upon which the (f) An employee does not work: a) Fulltime employees – For fulltime employees and where required to work a public holiday, shift other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee Monday to Friday shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday all public holidays with pay as provided in respect of each public holidayClause 13.1. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Public Holidays. 10.1 23.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Xxxxxxxx Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 23.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. (c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates their ordinary hourly rate of pay (T1) for the time worked on the weekday/transferred holiday. In a call-back situation, the call back rates identified in clause 8.0 shall apply. Only one alternative holiday will be granted in respect of each public holiday. 10.3 23.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 23.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 23.5 An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 23.6 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 23.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full full-time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 23.8 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Public Holidays. 10.1 The following days shall be observed 6.3.1 Public holidays are as public holidaysfollows: Christmas Day Boxing Day New Year's ’s Day 2 Second day of January (or some other day in its place) Waitangi Day Good Friday Easter Monday ANZAC Anzac Day Sovereign's Queen’s Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed or some other day in its place). 6.3.2 Where the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing DayChristmas, New Year’s Day Years, Waitangi or 2 January, where such Anzac holidays fall on a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public , the relevant holiday as provided above they will be paid at double treated as falling on that day. Where the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided aboveChristmas, but is not called in to workNew Years, shall be granted an alternative holiday, except where the public holiday falls Waitangi or Anzac holidays fall on a Saturday or Sunday and its observance it is transferred to not a working day for the employee, the relevant holiday will be “Monday-ised” i.e. observed on the following Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Tuesday. 10.6 Those 6.3.3 Employees agree to work on public holidays where operational needs require. Where employees who are required to work a night shift which straddles on a public holiday, they will be paid time and a half (T1½) for the hours worked. In addition, where the public holiday is an ordinary working day for the employees, they will be entitled to a paid day off in lieu, to be taken at an agreed time. 6.3.4 For employees who do not work on public holidays, they shall be paid at public holiday rates their usual salary for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedthat day, where that day would otherwise have been a working day. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and 6.3.5 Where a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixeddetermined by a permanent roster that excludes Monday as a day of work, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, Ministry will allow the employee shall be entitled to public take an alternative holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When where a public holiday falls during and is observed on a period Monday. Generally, the alternative holiday in lieu of annual leavethe public holiday should be taken within a month of entitlement. Where the employee and their manager cannot agree on the day that the alternative holiday will be taken, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavethe manager will make the final determination.

Appears in 3 contracts

Samples: Collective Employment Agreement, Collective Employment Agreement, Collective Employment Agreement

Public Holidays. 10.1 The following days Employee shall be observed as entitled to public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday holidays in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should Xxx 0000. If a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, that would otherwise be a working day for the employee. 10.4 When employees Employee and the Employee does not work on a public holiday as provided above they will that day, the Employee shall be entitled to be paid at double the ordinary hourly rate of their relevant daily pay for that day (T2) for each hour worked and they shall be granted an alternative holidayor their average daily pay, if applicable). Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on If a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to day that would not otherwise be a Monday or Tuesday which working day for the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday Employee and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee Employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty work that day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee Employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be not entitled to be paid. The Employee agrees to work public holiday provisions if the holidays that fall on a day that would otherwise be a working day for that employeethe Employee, if required by the Employer. Where If the Employee is required to work on a part-time employee’s days are not fixedpublic holiday, the employee Employee will be paid at the rate of time and one half of the Employee’s relevant daily pay (or average daily pay, if applicable) in relation to the time actually worked. The Employee shall be entitled to an alternative paid holiday to be taken on a day as agreed between the Employer and the Employee where a public holiday provisions if they falls on a day that would otherwise be a working day for the Employee and the Employee is required to work on that public holiday. The Employer shall in its discretion be entitled to pay the Employee’s “average daily pay” under the Xxxxxxxx Xxx 0000 in any case where relevant daily pay is usually paid and/or is referred to in the above sub-clauses, if: the Employee’s daily pay varies within the pay period in which the holiday falls; or it is not possible or practicable to determine the Employee’s relevant daily pay. For the purposes of public holiday, bereavement and sick leave entitlements, where it is unclear the Employer will endeavour to agree with the Employee whether a day would otherwise have been a working day for the Employee, taking into account this agreement (including but not limited to clauses 3(b) and e) and other relevant factors including: the Employee's work patterns; the fact the Employee works for the Employer only when work is available; the reasonable expectations of the Employer and the Employee that the Employee would work on the day concerned; and whether, but for the day being a public holiday or a day the Employee took sick or bereavement leave, the Employee would have worked on the day of concerned. If the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payEmployer and Employee can’t agree on whether a day would otherwise have been a working day, either party may seek a determination from a Labour Inspector. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 3 contracts

Samples: Casual Individual Employment Agreement, Casual Individual Employment Agreement, Casual Individual Employment Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Northland Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 10.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 10.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 10.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above in sub clause 10.3 above, they will be paid at double T 1 for the ordinary hourly rate of hours worked in addition to their normal pay (T2) for each hour worked that day and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Occupational Therapy Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a SundayRecognised Public holidays are: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.New Years Day b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.2nd January c) Should a public holiday fall on a weekend, and an employee is Waitangi Day d) Good Friday e) Easter Monday f) ANZAC Day g) Xxxxxxxxx’s Birthday h) Matariki i) Labour Day j) Christmas Day k) Boxing Day l) Provincial Anniversary Day Due to the nature of our business employees may be required to work on both the a public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require Where an employee Employee is required to work on a public holiday when that would otherwise be a working day for them, they shall be paid at 1.5 of their base rate for hours actually worked. They shall also receive an alternative holiday to be taken at a later date. Where an Employee is required to work on a public holiday that would not otherwise be a working day for them, they shall be paid at 1.5 (time and a half) of their base rate for hours worked. Where the Employee is not required to work on a public holiday and the day would otherwise be a working day for the Employee, they shall be paid their relevant daily pay for that day. Where a public holiday falls on a Christmas Date, Boxing Day, New Years Day, 2nd of January, Waitangi Day, or Anzac Day and the day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall will be taken and paid treated as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferredday. However, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would not otherwise be a working day for that the employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that then the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily paytreated as falling on the following Monday and/or Tuesday. Employees can apply to have up to one week of entitled leave paid out in any 12-month period. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 3 contracts

Samples: Collective Employment Agreement, Collective Employment Agreement, Collective Employment Agreement

Public Holidays. 10.1 14.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Xxxxxxxx Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 14.2 In order to maintain essential servicesservices to clients, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 14.3 When employees work on a public holiday as provided above they will be paid at double time and a half the ordinary time hourly rate of pay (T2T1.5) for each hour worked and they worked. The employee shall also be granted an alternative holiday, if the day would otherwise be a working day for the employee. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. This payment shall not be in addition to provisions in clause 9.5.3. 10.5 14.4 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where . In the case of a public holiday falls which is recognised on either a Saturday weekend day or Sunday and its observance is transferred to a Monday or Tuesday which week day depending on the days the employee also works. Such alternative holiday shall be taken and paid as specified in , refer to the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles to identify whether the day in question constitutes a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates that employee. Only one day is recognised for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-14.5 In the case of night shifts which straddle a public holiday, it is agreed that the public holiday shall be recognised on the day that the majority of the hours of the shift are worked. This is an agreement to partially transfer the holiday under section 44A of the Holidays Act. 14.6 Part time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay 14.7 When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave. 14.8 For those employees where superior entitlements exist, such entitlements shall be retained by the individuals concerned.

Appears in 3 contracts

Samples: Primary Health Care Multi Employer Collective Agreement, Multi Employer Collective Agreement, Multi Employer Collective Agreement

Public Holidays. 10.1 ‌ 16.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 16.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day, 2nd January, Waitangi Day or 2 January, ANZAC Day where such a day falls on either a Saturday or a Sunday: a) 16.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 16.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 16.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is would otherwise be transferred, the employee will be paid at weekend rates their ordinary hourly rate of pay (T1) for the time worked on the weekday/transferred holiday. In a call-back situation, the callback rates identified in clause 8 and schedule 4 shall apply. Only one alternative holiday will be granted in respect of each public holiday. 10.3 16.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 16.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 16.5 An employee who is required to be on call on a public holiday as provided aboveholiday, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 16.6 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 16.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Public Holidays. 10.1 The ‌ 6.1 Unless the employer and the employee otherwise agree te following days shall be observed granted as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday whole holidays in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday 2003 where they fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, days that would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of : • Christmas Day, Boxing Day, New Year’s Day, the day following New Year’s Day, • Good Friday, Easter Monday, • Anzac Day, • The day of the birthday of the Reigning Sovereign, • Matariki • Labour Day, • The Anniversary Day of the Province or 2 January falling on either a Saturday or Sunday and a full time the day observed in the locality in lieu thereof, • Waitangi Day 6.2 Where the employee is rostered off duty not required to work on both any of the days specified in subclause 12.1 above, it being a day that otherwise be a working day and for the weekday to which the observance is transferredemployee, then the employee shall only receive one alternative holiday in respect of each public holidaybe paid for the day as if it were an ordinary working day. b) Part-time employees – 6.3 Where a part-time employee’s days of work are fixed, the employee shall only be entitled is required to public holiday provisions if work on any one of the Public Holidays specified in subclause above, it being a day that would otherwise be a working day for the employee, then he/she will be paid their relevant daily pay for that employeeday plus be paid their ordinary rate for the hours worked. Where a part-time employee’s days are not fixed, the The employee shall will also be entitled to public an alternative holiday provisions if they worked (paid day off in lieu). 6.4 Where the employee works on the day any one of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday Holidays specified in sub clause above which is not debited against such leavea normal working day for the employee then he/she shall be paid their ordinary rate of pay for the hours actually worked, plus that amount again but shall not be entitled to an alternative day. 6.5 An alternate holiday (a whole paid day off in lieu) is to be taken at a time mutually agreed between the employer and the employee. 6.6 Payment for one day’s alternative leave shall be the employees’ relevant daily rate for the day which is taken as the alternative holiday. 6.7 The Employee shall be paid at the ordinary basic hourly rate of an employee for the number of ordinary hours the employee would have been employed to work on that day. All other alternate day provisions will apply as per clause 13.7.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's ’s Birthday • Matariki • Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 4.1.1 The following shall apply to the observance of Waitangi Day, Anzac Day, Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 4.1.2 Where an employee is required to work that Saturday or Sunday Sunday, the holiday shall, for that employee, be observed on that Saturday or Sunday Sunday, and transfer of the observance will not occur. For the purposes of this clause clause, an employee is deemed to have been required to work if they were rostered on, on duty or on-call and actually called in to into work. They are not deemed considered to have been required to work if they were on-call but not called back to work. b4.1.3 If an employee is rostered on duty (i.e. does not apply to on-call work) on that Saturday or Sunday but does not work, they will be paid relevant daily pay for the day, and transfer of the observance will not occur. 4.1.4 When the public holiday for the employee is observed on a Saturday or Sunday, the weekday is treated as a normal working day for that employee, subject only to the possible payment of weekend rates in accordance with clause 4.1.8 below. 4.1.5 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend. For the purposes of this clause, and an employee is deemed NOT to have been required to work if they were NOT rostered on both the public holiday and the week day duty, on-call, or were on-call but not called back to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holidaywork. 10.3 In order to 4.1.6 To maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 4.1.7 When employees work on a public holiday as provided above which would otherwise be a working day for the employee, they will be paid at double the rate as set out in clause 3.11.2 (time one (T1) in addition to the ordinary hourly rate of pay (T2pay) for each hour worked and they worked. They shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of 4.1.8 Should Christmas Day, Boxing Day, New Year’s Day or 2 January falling fall on either a Saturday or Sunday Sunday, and a full time an employee is rostered off duty required to work (including being on call and called out) on both that day the public holiday and the weekday to which the observance is would otherwise be transferred, the employee shall only receive will be paid in accordance with clause 4.1.2 for time worked on the public holiday and then at weekend rates for the time worked on the corresponding weekday. Only one alternative holiday will be granted in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: National Health Administration Workers Collective Agreement, National Health Administration Workers Collective Agreement

Public Holidays. 10.1 11.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 11.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 11.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 11.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) 11.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 11.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees 11.4 An employee required to work on a public holiday (not as provided above they will overtime) shall be paid at double the ordinary hourly rate of pay time one (T2T1) for each hour worked in addition to normal salary, and they shall is also to be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in a day’s leave on pay at a later date convenient to the Holidays Act 2003.employer 10.5 11.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 11.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 11.7 Off duty day upon which the employee does not work: a) 11.7.1 Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) 11.7.2 Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Public Holidays. 10.1 a) The following days shall be observed as public holidays: ; New Year's Day 2 January ’s Day, 02 January, Waitangi Day Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Anzac Day, the birthday of the reigning Sovereign's Birthday , Matariki (effective 24 June 2022), Anniversary Day, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required Employees agree to work that Saturday or Sunday, observance on any of the holiday above holidays where so asked by the Employer and shall be transferred to paid at T2.0 for time actually worked on the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003holiday. c) Should a public holiday fall on a weekend, and Where an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work Employee works on a public holiday when the public holiday falls on a and that day which, but for it being a public holiday, that would otherwise be a normal working day for them the employeeEmployee shall be allowed an alternative day’s holiday paid for at the Employee’s relevant daily rate, to be taken within 12 months. The Employee may request the Employer to exchange the entitlement to an alternative holiday for payment after 12 months have passed since the Employees entitlement to an alternative holiday was earnt and this request must be in writing. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2d) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees Employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the ofthe shift. One alternative holiday shall apply in respect of each the public holiday or part thereof worked. 10.7 Off duty e) If the public holiday falls on a weekend the Employee will be paid for the actual day upon worked, if they also work on the Monday (which is Mondayised) the employee does Monday becomes a normal working day for that person. If an Employee did not work: a) Fulltime employees – For fulltime employees and where work the ‘actual’ public holiday but is working the Monday this will betreated as a public holidayholiday and paid at the rates specified in this agreement, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that leave day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidayaccrued. bf) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employeeEmployee’s days are not fixed, the employee Employee shall be entitled to public holiday provisions provision if they worked on the day of the week that the public holiday falls more than 40% of the time thetime over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: ag) Leave on pay When a public holiday falls during a period of Alternate leave days accrued shall be used/paid in the first instance before annual leave, sick . Payment for alternative leave days shall be paid at the relevant daily pay of the day on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavethey are taken.

Appears in 2 contracts

Samples: Single Employer Collective Agreement, Single Employer Collective Agreement

Public Holidays. 10.1 16.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 16.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 16.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 16.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 16.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates their ordinary hourly rate of pay (T1) for the time worked on the weekday/transferred holiday. In a call-back situation, the callback rates identified in clause 9 and schedule 4 shall apply. Only one alternative holiday will be granted in respect of each public holiday. 10.3 16.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 16.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 16.5 An employee who is required to be on call on a public holiday as provided abovepublic, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 16.6 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 16.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Medical Radiation Technologists Collective Agreement, Medical Radiation Technologists Collective Agreement

Public Holidays. 10.1 The following days shall be observed as 11.1 Where the Employee works on any part of a public holidays: New Yearholiday the employee is entitled to receive the greater of: (a) the portion of the employee's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day relevant daily pay, less any identifiable additional amount that is paid for working on a particular day or particular type of day (as observed in the locality concernedfor example a weekend or public holiday) 10.2 The following shall apply , that relates to the observance of Christmas Daytime actually worked on the day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:plus half that amount again: or a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) the portion of the Holidays Act 2003employee's relevant daily pay (including any identifiable additional amount that is paid for working on a particular day or particular type of day) that relates to the time actually worked that day. c) Should a public holiday fall on a weekend, and an employee is required to work on both 11.2 If the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work Employee works on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked ; and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixedEmployee, then the employee shall be Employee is entitled to public holiday provisions if they be paid in accordance with the above calculation for any hours worked on that public holiday, plus an alternative holiday at the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be Employee's relevant daily pay. 10.8 Public 11.3 If the Employee works on a public holiday; and that day would not otherwise be a working day for that Employee, then the Employee is entitled to be paid in accordance with the above calculation for any hours worked on that public holiday, but the Employee shall not be entitled to an alternative holiday. 11.4 If the Employee does not work on a public holiday, and that day would otherwise be a working day for that Employee, then the Employee is entitled to payment for that day at the Employee's relevant daily pay. 11.5 If the Employee does not work on a public holiday, and that day would not otherwise be a working day for that Employee, then the Employee is not entitled to any payment for that day and is not entitled to an alternative holiday. 11.6 Employees must work on public holidays falling during leave:when requested to do so by the Employer, if that public holiday is otherwise a working day for the Employee. a) Leave 11.7 The Employer shall give reasonable notice to the Employee if the Employer requires the Employee to work on pay When a public holiday. 11.8 Where the employee is required, or has agreed to work on a public holiday, but is unable to because the employee, his spouse or dependant is sick or injured, or the employee suffers a bereavement, the public holiday is treated as a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an and the employee is entitled to that holiday which is be paid his relevant daily rate, and not debited against such leavein accordance with the above calculation, and the employee does not become entitled to an alternative day in lieu.

Appears in 2 contracts

Samples: Individual Employment Agreement, Individual Employment Agreement

Public Holidays. 10.1 The following days (a) All Regular Full-Time Employees and Temporary Full-Time Employees shall be observed as public holidaysentitled to a holiday with pay, upon the commencement of their employment, on the following Public Holidays: New Year's Day 2 January Waitangi Day Day, Family Day*, Good Friday Friday, Easter Monday ANZAC Day Sovereign's Birthday Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing DayDay and any other day appointed by the Employer. *If/when Family Day ceases to be a provincial public holiday under the laws of British Columbia, New Year’s Family Day or 2 January, where such will no longer be considered a day falls Public Holiday. Provided that: (b) When one of the above-mentioned public holidays fall on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer the Government of Canada and the Government of the observance will not occur. For the purposes Province of this clause an employee is deemed to have been required to work if they were rostered onBritish Columbia, or on-call and actually called either of them in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance the absence of the other, proclaim that such public holiday shall be transferred to the following Monday and/or Tuesday read in accordance with the provisions of Sections 45 (1) (b) substitution for such public holiday: Save and (d) exempt that: Whenever one of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the aforementioned public holiday falls on a Saturday or a Sunday and its observance is transferred to a Monday or Tuesday which neither the employee also works. Such alternative holiday shall be taken and paid as specified in Government of Canada nor the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at Government of the Province of British Columbia proclaims that such public holiday rates for those hours which occur be observed on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty a day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Director shall notify each Employee affected thereby they may have ready access to and see the same, designating the Employee’s holiday entitlement in accordance with one of the following methods: (i) one day’s pay at their regular rate of pay, or (ii) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Employee’s normal rest days or one of the public holidays hereinbefore defined. (c) If a Public Holiday falls on the employee’s rostered off duty daya regular working day while an Employee is on annual vacation, the employee Employee shall receive one (1) additional day of vacation with pay in lieu of the said Public Holiday. (d) If a Regular Full-Time Employee or Temporary Full-Time Employee is required to work on a Public Holiday which falls on or is observed on any day from Monday to Friday inclusive, then that Employee shall be granted an alternative holiday paid for the Public Holiday at the normal rate of pay and be given a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday paid day and a full time employee is rostered half off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day lieu of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payPublic Holiday. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Memorandum of Agreement, Collective Agreement

Public Holidays. 10.1 The following days shall 49.1 Weekly employees will be observed as entitled to the undermentioned public holidaysholidays without deduction of pay: New Year's Day 2 January Waitangi Day ’s Day, Australia Day, Good Friday Friday, Easter Monday ANZAC Day Sovereign's Birthday Saturday, Easter Monday, Anzac Day, Labour Day Christmas Day Boxing Day Anniversary Day (as observed the first Monday in May), Queen’s Birthday, NAIDOC Day, Show day (on the day and in the locality concernedfor which it is gazetted), Picnic Day (the first Monday in August), Christmas Day and Boxing Day. 10.2 The 49.2 Where in the Northern Territory or a locality within the Northern Territory an additional public holiday is proclaimed or gazetted by the relevant authority or is required to be observed by a judicial or administrative order and this holiday is to be observed generally by persons throughout the Northern Territory or though out a locality, then the holiday will be deemed to be a holiday for the purposes of this Agreement. 49.3 If an employee is acting in a higher class or grade on a day on which a public holiday falls, payment for the holiday will be made at the higher rate if the employee acts in the higher capacity on the day preceding the holiday and the day following shall apply the holiday. 49.4 Should an employee be entitled to a holiday on a working day and such holiday occurs during the currency of an employee’s annual leave, an additional day will be added to the observance leave in lieu of Christmas Daysuch holiday. 49.5 For all time worked on a public holiday an employee will be paid at the rate of double time. 49.6 Where, Boxing Dayin a cycle of shifts on a regular roster, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to perform rostered work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer each of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance days of the holiday shall be transferred to the following Monday and/or Tuesday week, that employee will, in accordance with the provisions respect of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall which occurs on a weekend, and an a-day on which the employee is required rostered off work, be granted, if practicable, within one month after the holiday, a day’s leave in lieu of that holiday. 49.7 Where in any case, it is not practicable to work on both the public holiday and the week day to which the observance is transferredgrant a day’s leave in pursuance of sub- clause 49.6 of this clause, the employee will be paid paid, in its stead, one day’s pay at weekend rates for ordinary rate. 49.8 Where shifts fall partly on a holiday, that shift the time worked major portion of which falls on the weekday/transferred holiday. Only one alternative a holiday will be granted in respect of each public holidayregarded as the holiday shift. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Public Holidays. 10.1 The 29.1 For the purposes of this Agreement the following days, or the days shall observed in lieu of those days, will be observed as public holidaysholidays without deduction of pay: New Year's Day 2 January Waitangi Day Day, Australia Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, and Boxing Day, New Year’s Day or 2 January, where such a day . 29.2 Where any of the days mentioned in sub-clause 29.1 falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the , such holiday shall, for that employee, will be observed on that Saturday the next succeeding Monday and where Boxing Day falls on a Sunday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered onMonday, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the such holiday shall be transferred to observed on the following Monday and/or Tuesday next succeeding Tuesday. In each case the substituted day will be deemed a holiday without deduction of pay, in accordance with the provisions of Sections 45 (1) (b) and (d) lieu of the Holidays Act 2003day for which it is substituted. c) Should 29.3 An employee who works ordinary hours on a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee named herein will be paid at weekend rates entitled to time and a half for the actual time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on 29.4 Where a public holiday when the public holiday falls on a day whichon which a Disability Support Worker, but for it being Kitchen Hand/Assistant, Xxxx, Driver or Nurse is rostered off duty, the employee will not be entitled to an additional day’s pay at the ordinary rate. 29.5 Other employees not required to work on a day they would ordinarily work because that day is a public holiday, would otherwise will be a working entitled to leave on that day for the employeewithout loss of pay. 10.4 When employees work on 29.6 Subject to the provisions in sub-clauses 29.4 and 29.5, an employee will be entitled to a day's leave in lieu of a public holiday, paid at the ordinary rate, for a public holiday as provided above they will be which occurs during the employee's approved ordinary paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003annual leave. 10.5 29.7 The provisions of this clause will not apply to casual employees. 29.8 An employee who is required to and works ordinary hours on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: aChristmas Day (25 December) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only will be entitled to public holiday provisions if one of the day would otherwise be a working day following: (i) triple time for that employee. Where a part-the actual time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on Christmas Day; or (ii) double time for the day actual time worked with an equivalent period of time off, paid at the week that the public holiday falls more than 40% of the ordinary rate. Unless agreed otherwise such time over the last three months. Payment off will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during taken within two months and may be taken in conjunction with a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Industrial Agreement, Industrial Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Northland Anniversary Day (as observed in the locality concerned)Matariki 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, Waitangi Day and ANZAC Day, where such a day falls on either a Saturday or a Sunday: a) 10.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 10.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) 10.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day weekday to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above in sub clause 10.3 above, they will be paid at double T 1 for the ordinary hourly rate of hours worked in addition to their normal pay (T2) for each hour worked that day and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Occupational Therapy Collective Agreement, Collective Agreement

Public Holidays. 10.1 6.1 The following days shall be observed as public holidays: New Year's ’s Day 2 January Waitangi Day Day/Good Friday Easter Monday Monday/ANZAC Day Sovereign's ’s Birthday Labour Day Day/Christmas Day Boxing Day Auckland Anniversary Day (as observed in the locality concerned)Day 10.2 6.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 6.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, on or on-call and actually called in to work. They are not deemed to have been required to work if they were on-on- call but not called back to work. b) 6.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 6.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 6.3 The observance of Anzac day and Waitangi Day shall be in accordance with the provisions of Section 45A of the Holidays Xxx 0000. 6.4 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 6.5 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxx 0000. 10.5 6.6 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.shall 10.6 6.7 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 6.8 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Dental Therapists and Dental Assistants Collective Agreement, Dental Therapists and Dental Assistants Collective Agreement

Public Holidays. 10.1 a) The following days shall be observed as public holidaysholidays by the parties to this Agreement: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 Day, 2nd January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday Waitangi Day, Good Friday, Easter Monday, Anzac Day, Matariki, Labour Day, the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer birthday of the observance will not occur. For reigning Sovereign and Anniversary Day of the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workProvince. b) Where an employee is not required to work that Saturday or Sunday, observance In the case of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) Christmas and (d) of the Holidays Act 2003.New Year holidays; c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where i. If the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work:normally work on the weekend, the public holiday is transferred to the following Monday and/or Tuesday. a) Fulltime employees – For fulltime employees and where a ii. If the public holiday, other than Waitangi Day and ANZAC Day when they fall holiday falls on either a Saturday or Sunday, and the employee normally works on that day, then the holiday remains at the traditional day. An employee cannot be entitled to more than four public holidays over the Christmas and New Year period. (The above is a summary of section 45 of the Holidays Act) c) Where a public holiday falls on the an employee’s rostered off duty ordinary working day, and the employee is not required to work on that day, the employee will be paid for the day at relevant daily pay. d) Employees may be required to work on days that are public holidays due to client needs. Where an employee is required by the employer to work on a public holiday, Access Community Health shall endeavour to either roster the employee with a full day’s work or not require them to work on the day, or as otherwise agreed with the individual support worker. Where the employee is required to work, they shall be granted an alternative holiday paid at the rate of one and a later datehalf times their hourly rate of pay for the time actually worked. In addition, if the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the is a day that would otherwise be a working day for that the employee. Where a part-time employee’s days are not fixed, the employee shall receive a paid alternative holiday of one day to be entitled taken at a later date. e) It is intended that the employee and Access Community Health agree to a date on which the day in lieu is to be taken as soon as practicable after the public holiday provisions if they worked has occurred and not later than within 12 months of accrual. In the event the day in lieu has not been taken within a 12- month period the employee may request the day in lieu be paid out or the employer may instruct the employee to take the alternative holiday on the a day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payemployer’s choosing, following consultation. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Collective Employment Agreement, Collective Employment Agreement

Public Holidays. 10.1 The following days shall be observed as paid public holidaysholidays if they fall on a day that would otherwise be a working day for the Employees: New Year's Day 2 January Waitangi ’s Day Good Friday Christmas Day 2nd January Easter Monday ANZAC Boxing Day Waitangi Day Sovereign's ’s Birthday Labour Day Christmas Day Boxing ANZAC Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Matariki Where Christmas Day, Boxing Day, New Year’s Day, or 2nd January falls on a weekend and an Employee is rostered to work on that weekend day the public holiday is treated as falling on the day it actually falls. Where the Employee is not rostered to work on the weekend and any of these days actually falls on a Saturday these public holidays are treated as falling on the following Monday. Where the Employee is not rostered to work on the weekend and Boxing Day or 2 January, where such a day 2nd January actually falls on either a Saturday or Sunday it is treated as falling on the following Tuesday. If an Employee works on any part of a Sunday:public holiday, the Employer must pay the Employee the greater of – a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer portion of the observance will not occur. For Employee’s relevant daily pay or average daily pay (less any penal rates as defined by s50(2) Holidays Act 2003) that relates to the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and time actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.worked on the day plus half that amount again; or b) Where an employee is not required to work that Saturday or Sunday, observance the portion of the holiday shall be transferred Employee’s relevant daily pay that relates to the following Monday and/or Tuesday time actually worked on the day. Relevant daily pay is the amount of pay the Employee would have received on the day concerned calculated in accordance with the provisions of Sections 45 (1) (b) and (d) Holidays Xxx 0000. Such an Employee is also entitled to an alternative holiday in accordance sub-clause 12.5 of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is Xxx 0000. Casual Employees required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when will be paid as above but are not entitled to receive an alternative day. The alternative holiday must be taken by the public holiday falls Employee on a day which, but for it being a public holiday, would otherwise that is agreed between the Employer and Employee. It must be a whole working day for the employee. 10.4 When employees work Employee. If the Employer and Employee cannot agree on a public holiday day then the day may be taken on a date determined by the Employee, taken into account the Employer's view as provided above they will to when it is convenient for the Employee to take the day. The day must be paid taken within 12 months and the Employee must give at double least 14 days’ notice of their intention to take the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holidayday. Such The Employer may require the Employee to take the alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided abovedate determined by the Employer if 12 months have passed since the Employees entitlement, but is the Employer and Employee have not called in been able to work, shall be granted an alternative holiday, except where the public holiday falls agree on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday date and the applicable rates Employer has given the Employee at least 14 days’ notice. The Employer must pay an Employee not less than the Employee’s relevant daily pay or average daily pay for the remainder of day which is taken as the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public alternate holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Collective Employment Agreement, Collective Employment Agreement

Public Holidays. 10.1 7.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 7.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 7.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 7.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 7.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 7.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 7.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxx 0000. 10.5 7.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxx 0000. 10.6 7.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 7.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 2 contracts

Samples: Multi Employer Collective Agreement, Multi Employer Collective Agreement

Public Holidays. 10.1 12.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Otago Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 12.2 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees 12.3 An employee required to work on a public holiday as provided above they will part of the normal roster (i.e., not as overtime) shall be paid at double the ordinary hourly rate of pay (T2) for each hour worked time in addition to normal salary, and they shall is also to be granted an alternative holiday. Such alternative holiday shall be taken a day’s leave on pay at a later date agreed between the employee and paid as specified in the Holidays Act 2003employer. 10.5 12.4 An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to day in lieu at a Monday or Tuesday which later date agreed between the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003employer. 10.6 Those employees who work 12.5 Employees agree that the employer will have a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur close down over the Christmas- early January period. 12.6 Mercy Hospital will observe Otago Anniversary Day on the public holiday and the applicable rates Tuesday after Easter. Otago Anniversary Day will be a normal working day for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedstaff, who are rostered to work. 10.7 12.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where Where a public holiday, holiday is observed on other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidayplease reference conditions as Clause 12.3. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. However for the purposes of Otago Anniversary Day, the qualification shall be whether an employee has worked 40% of either the Monday or the Tuesday for the 12 weeks prior to the Tuesday after Easter. 10.8 Public holidays falling during leave: a) Leave on pay When a 12.8 Should any public holiday falls occur during employees’ annual leave and the employee would have received a period of annual paid holiday if they had not been on leave, sick leave then the employee will receive credit for the public holiday by taking it as a paid public holiday on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavethe actual date.

Appears in 2 contracts

Samples: Collective Employment Agreement, Collective Employment Agreement

Public Holidays. 10.1 14.1. The following days shall be recognised and observed as public holidaysholidays on pay when such holidays fall on a day that would normally be a working day for an Employee. They are: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Xxxxxxx’s Birthday Labour Day Christmas Day Boxing Day Matariki Anniversary Day (as observed in the locality concerned)of work 10.2 14.2. The following shall apply to Employer and the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work Employees agree that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer when one of the observance will not occur. For the purposes of this days nominated in clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday 14.1 above falls on a day which, but for it being a public holiday, which would otherwise be a working day for the employeeEmployee and the Employee is rostered and works that day, the Employee shall be paid 1.5 times their relevant hourly rate for all hours so worked. The Employee shall be entitled to an alternative paid holiday. 10.4 When employees 14.3. If an Employee is rostered to work on a public holiday as provided above they Public Holiday but requests Annual Leave on that Public Holiday, then it will be paid at double treated as a Public Holiday and will not be deducted from the ordinary hourly rate of pay (T2) for each hour worked and they shall Employee's Annual Leave balance. However, approval will be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003subject to usual leave application criteria. 10.5 An employee who is on call on 14.4. Where a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday day that an Employee is not otherwise normally working and its observance where the Employee is transferred rostered and works that day, they shall receive 1.5 times their relevant hourly rate of pay for each hour worked. The Employee shall not however be entitled to a Monday or Tuesday an alternative paid holiday. 14.5. Where an employee’s days of work are not fixed, and the employee is rostered off and does not work on the public holiday the employee shall be entitled to an alternative paid holiday if the employee has worked at least four (4) of the same day in the eight (8) weeks prior to the public holiday e.g., for Labour Day in October, the eight (8) Mondays prior to Labour Day would be the period in which the employee also worksentitlement is assessed. 14.6. Such The alternative holiday shall be paid at the relevant daily pay and shall be taken on a day that is mutually agreed by the Employer and paid as specified in the Holidays Act 2003Employee. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date14.7. In the event of Christmas Waitangi Day, Anzac Day, Christmas Day or Boxing Day, New Year’s 's Day or 2 January falling on either a Saturday or a Sunday those public holidays shall be treated as follows: 14.7.1. If the public holiday falls on a Saturday or a Sunday and a full time employee is rostered off duty on one or both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s those days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixedthe Employee, then the employee public holiday shall be entitled to public holiday provisions if they worked observed and treated as falling on the day of the week that day. 14.7.2. If the public holiday falls more than 40% of on a Sunday and the time over day would not otherwise have been a working day for the last three months. Payment will Employee the public holiday shall be relevant daily payobserved and treated as falling on the following Monday. 10.8 Public holidays falling during leave: a) Leave on pay When a 14.7.3. If the public holiday falls during on a period Sunday and the day would not otherwise be a working day of annual leave, sick leave the Employee the public holiday shall be observed and treated as falling on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavethe following Tuesday.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays37.1 Public holidays are: New Year's Day 2 January Waitangi Year Day; Australia Day Good Friday Friday; Easter Monday ANZAC Day Sovereign's Birthday Monday; Anzac Day; Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day; Western Australia Day; Xxxxxxxxx’s Birthday; Christmas Day, ; and Boxing Day, New Year’s Day or 2 January, where such . 37.2 Whenever a day public holiday falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday Employee’s working day and the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee Employee is not required to work on that Saturday or Sundayday, observance of the holiday shall Employee will be transferred to paid for the following Monday and/or Tuesday in accordance with ordinary hours the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Employee would have worked. c) Should 37.3 Employees and Employers may agree when to observe a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week in lieu of its actual day. The actual day to which the observance is transferred, the employee will not be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when but the public holiday falls on a substituted day which, but for it being a public holiday, would otherwise will be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate without deduction of pay (T2) any payment for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003that substituted day. 10.5 An employee who is on call on 37.4 When a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday, it will be observed on the next succeeding Monday. If Boxing Day falls on a Sunday and its observance is transferred to a or Monday or Tuesday which it will be observed on the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003next succeeding Tuesday. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay 37.5 When a public holiday falls on a rostered day off, that rostered day off will be observed on the next working day, unless otherwise agreed. 37.6 When an Employee is off duty due to leave without pay or sickness, including accidents on or off duty, except time for which the Employee is entitled to claim sick pay, any public holiday falling during such absence will not be paid. 37.7 Where an Employee is on duty or available on the whole of the working day immediately preceding a period holiday, or resumes duty or is available on the whole of the working day immediately following a holiday, as prescribed in this clause, an Employee will be entitled to a paid holiday on all such holidays. 37.8 Casual Employees not required to work on a public holiday are not entitled to payment for a public holiday. When a casual Employee works on a public holiday they are to be paid in accordance with the overtime provisions. 37.9 If a day observed as a public holiday under this paragraph falls during an Employee’s annual leave, sick leave on pay or special leave on pay, an employee is the Employee will be entitled to an additional days leave with pay for that day to be taken immediately after completion of the annual leave. 37.10 Permanent and fixed term contract Employees will be provided an additional day of paid leave for Easter Sunday. 37.11 The day of paid leave will be made available to the Employee regardless of whether the Employee would normally be expected to work on that date. 37.12 The day of paid leave accrues on the date that Easter Sunday falls each calendar year. 37.13 Easter Sunday holiday which may be accessed subject to the following: (a) the leave day is not debited against such leaveavailable to an Employee who is on any period of leave without pay; (b) is paid at the rate of ordinary time; (c) can be added to annual leave or taken individually; (d) must be taken in the calendar year in which they occur; and (e) is not to be paid out on termination of employment.

Appears in 1 contract

Samples: General Agreement

Public Holidays. 10.1 The following days employee shall be observed as entitled to the public holidays: holidays of New Year's Day 2 January Waitangi Day Day, Good Friday Friday, Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Saturday, Easter Monday, Christmas Day, Boxing Day, New Year’s Day or 2 JanuaryAustralia Day, where such a day Anzac Day, Queen's Birthday, Labour Day; and Foundation Day. Public holidays are not absorbed against annual leave taken, but represent an additional day. The parties agree that when one of the days listed above falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to observed on the following next succeeding Monday and/or Tuesday in accordance with and when Boxing Day falls on a Sunday or Monday the provisions of Sections 45 (1) (b) and (d) of holiday shall be observed on the Holidays Act 2003. c) Should next succeeding Tuesday. In each case the substituted day shall be treated as a public holiday fall on in lieu of the days listed above. Where a weekend, and an employee public holiday is substituted you may be required to work on both the public holiday day specified above and the week day to which the observance is transferred, the employee you will be paid at weekend rates for normal rates. Given the time worked nature of this business, certain sections of the City operate on the weekday/transferred holidaypublic holidays. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential servicesservice requirements employees in those sections are expected to work on public holidays, the employer may require an employee which fall on their normal rostered days. Unless you are requested to work on a public holiday when the public holiday falls you are entitled to that day off. If you are not required to work on a day whichyou are normally rostered to work because it is a Public Holiday, but for it being a public holiday, would otherwise you will be a working day paid for the employee. 10.4 When employees ordinary hours you would normally work on that day. Employees may be requested by the City to work on a public holiday as provided above they and if so you will be paid at double the a total of 2.5 times your ordinary hourly rate of pay (T2) for each hour worked and they shall on that day. You may be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in requested by the Holidays Act 2003. 10.5 An employee who is City to work on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Years Day or 2 January falling on either Good Friday and if so you will be paid a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect total of 3 times your ordinary rate of pay for each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they hour worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payday. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 7.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 7.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 7.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 7.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) 7.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 7.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 7.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 7.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 7.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 7.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Multi Employer Collective Agreement

Public Holidays. 10.1 ‌ 16.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 16.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day, 2nd January, Waitangi Day or 2 January, ANZAC Day where such a day falls on either a Saturday or a Sunday: a) 16.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 16.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 16.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is would otherwise be transferred, the employee will be paid at weekend rates their ordinary hourly rate of pay (T1) for the time worked on the weekday/transferred holiday. In a call-back situation, the callback rates identified in clause 8 and schedule 4 shall apply. Only one alternative holiday will be granted in respect of each public holiday. 10.3 16.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 16.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 16.5 An employee who is required to be on call on a public holiday as provided abovepublic, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 16.6 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 16.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidaysholidays are: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be January • Waitangi Day • Good Friday • Easter Monday • ANZAC Day • Queen's Birthday (observed on the first Monday in June) • Labour Day (being the fourth Monday in October) • Anniversary Day (or the day locally observed as that Saturday or Sunday and transfer of the observance will not occur. For the purposes of day) In accepting this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required agreement you agree to work on both the any public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates if for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both you that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day. If you do not work on a public holiday then, provided for you that day would otherwise be a working day, you will be paid not less than your relevant daily pay for the day. If you do work on a public holiday you are entitled to payment for the time worked at time and a half (based on the appropriate portion of your relevant daily pay). In addition, provided for you that employeeday would otherwise be a working day, you are entitled to a whole alternative holiday. Where However, there is no entitlement to an alternative holiday if you work for McDonald’s only on public holidays. The “alternative holiday” is to be taken by mutual agreement on a part-time employee’s days are day that for you would otherwise be a working day. Payment for the alternative holiday shall be at your relevant daily pay for the day on which you take the alternative holiday. If agreement cannot fixedbe reached, the employee shall alternative holiday may be entitled taken on a date of your choice, having regard to public what is convenient to your Restaurant Manager/Franchisee. However, you agree that an alternative holiday provisions may not be taken during a peak period for the restaurant. You may request your Restaurant Manager/Franchisee to exchange an The “three week rule” is used to decide whether a particular day would “otherwise be a working day” for you. That means if they you have worked on the any part of a particular day of the week that the public holiday falls more than 40% in all of the time over previous three weeks, then that day of the last three monthsweek is deemed to be a working day for you. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leaveFor this purpose, sick any authorised leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leaveone of those days shall count as a day worked.

Appears in 1 contract

Samples: Collective Employment Agreement

Public Holidays. 10.1 E1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day • Matariki • Sovereign's Birthday Labour Day Christmas Day Boxing Day • Xxxxxx Anniversary Day (as observed in the locality concerned) 10.2 E2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 's Day, 2 January, Anzac Day or Waitangi Day where such a day falls on either a Saturday or a Sunday: a) : • Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, on or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) . • Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) . E3 When any of the above holidays falls on a Saturday or Sunday, it shall be observed on the following Monday, and, in the event of another holiday falling on such a Monday, such other holiday shall be observed on the next succeeding Tuesday. Provided that, in order to maintain essential services, the employer may require an employee to work on a Public Holiday. Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates the rate specified in E5 for the time worked on the weekday/transferred holiday. The employee will be paid at weekend rates worked at the weekend. Only one alternative holiday will be granted in respect of each public holiday. 10.3 . E4 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 . E5 Payment rate for work on a public holiday: When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) T2.0 for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on . Where a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday day normally scheduled to be worked and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday does not work on that day, it shall be taken and paid as specified for on the basis of hours normally scheduled for work on that day at the usual hourly rate. E6 On call on public holidays: - Where an employee is required to be on call on a Public Holiday he/she will be credited with an additional day's leave in lieu regardless of whether or not the Holidays Act 2003. 10.6 call is worked. E7 Night shift on public holidays: Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One The alternative holiday shall apply in respect to the day in which the majority of each public holiday or part thereof hours are worked. 10.7 . E8 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 65.1 The following days shall will be observed treated as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)holidays under this Agreement: 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, a) New Year’s Day – 1 January; b) Australia Day – 26 January; c) Anzac Day – 25 April; d) Good Friday; e) Easter Monday; f) Christmas Day – 25 December; g) Boxing Day – 26 December; h) any other day declared by or 2 Januaryunder a law of a State or Territory to be observed generally within the State or Territory, where such a day falls on either a Saturday or a Sunday:region of that State or Territory, as a public holiday by people who work in that State, Territory or region; and ai) an additional day as determined by the Employer, to be known as Mission Australia Day and ordinarily taken between Christmas Eve and New Year’s Day. 65.2 Where a substitute public holiday is declared by or under a law of a State or Territory, that day will replace the public holiday that would otherwise apply. 65.3 An Employee and Employer may agree to an employee Employee request to arrange a public holiday swap. Where this is required to agreed, the Employee will work on a nominated public holiday and be paid as though that Saturday or Sunday the day is not a public holiday shall, for and will have another working day off with full pay that employee, be observed on that Saturday or Sunday and transfer of the observance will is not occur. For the purposes of this clause an employee is deemed to a public holiday. 65.4 An Employee who would normally have been required to work if they were rostered on, or on-call on the day on which a public holiday falls and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee who is not required to work that Saturday or Sundaywork, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time same as if the Employee had worked on the weekday/transferred holidaythat day. Only one alternative holiday For avoidance of doubt, this means that a shiftworker will be granted in respect of each paid the shift penalty that would otherwise have applied if the Employee had worked on that day and that day was not a public holiday. 10.3 In order to maintain essential services, the employer may require 65.5 Where an employee to work Employee is on a public holiday when period of unpaid leave initiated by the public holiday falls on a day which, but for it being Employee that includes the working days immediately before and after a public holiday, they will not be paid for the public holiday. 65.6 Where any public holiday to which the Employee would otherwise be entitled occurs during a working day period of paid leave other than Long Service Leave, the public holiday is not deducted from the Employee’s accrued leave (i.e. the Employee will receive payment for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) holiday). The provisions for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid Long Service Leave in relation to public holidays are as specified in the Holidays Act 2003relevant State or Territory legislation relating to Long Service Leave. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Service Delivery Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Northland Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) : Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) . Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Xxx 0000. Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 . In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 . When employees work on a public holiday as provided above in sub clause 10.3 above, they will be paid at double T 1 for the ordinary hourly rate of hours worked in addition to their normal pay (T2) for each hour worked that day and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 Xxx 0000. An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Xxx 0000. Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 . Off duty day upon which the employee does not work: a) : Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) . Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 . Public holidays falling during leave: a) : Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave. Leave without pay An employee shall not be entitled to payment for a public holiday falling during a period of leave without pay (including sick or military leave without pay) unless the employee has worked during the fortnight ending on the day on which the holiday is observed. Leave on reduced pay An employee, during a period on reduced pay, shall be paid at the relevant daily pay for public holidays falling during the period of such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Matariki Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. Note: If both the day on which the holiday falls, and the day to which it would otherwise be transferred are otherwise working days for the employee, then the employer can roster the individual on duty for both days. If, having worked the day on which the public holiday falls, the employer decides to roster them off on the transferred day and the employee was available and willing to work then the employee should suffer no loss of ordinary pay for the transferred holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 (a) The Project recognises the following days shall be observed as public holidays: gazetted Public Holidays: (1) New Year's ’s Day (2) Australia Day (3) Good Friday (4) Easter Saturday (5) Easter Monday (6) ANZAC Day (7) May Day (8) Queen’s Birthday (9) Picnic Day 2 January Waitangi Day Good Friday Easter (second Monday ANZAC Day Sovereign's Birthday Labour Day in June) (10) Darwin Show day (11) Christmas Day (12) Boxing Day (13) or a day declared in lieu of any such day or days above other than Christmas Day and Boxing Day Anniversary Day Day (14) any additional day gazetted by the relevant Northern Territory Minister. (b) Employees, other than casual Employees, are entitled to observe these days as observed in holidays without deduction of Ordinary Hours’ pay. Where the locality concerned) 10.2 The following shall apply to project employs a large number of Non-Local Employees, with the observance exception of Christmas Day, Boxing Day, Day and New Year’s Day or 2 JanuaryDay, where such a day falls the Projects managing contractor may elect to keep the Site open for work on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workall Public Holidays. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is Employees may be required to work on both a Public Holiday. Where the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require Employer requires an employee Employee to work on a public holiday when the public holiday falls on Public Holiday, they will provide one week’s notice of such a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees requirement. Where an Employee does not wish to work on a public holiday as provided above they will be paid Public Holiday, he or she must notify their Employer at double the ordinary hourly rate of pay least one (T21) week before that Public Holiday falls. (d) Payment for each hour all time worked and they on a Public Holiday shall be granted an alternative holiday. Such alternative holiday shall be taken at time and paid as specified in a half for the Holidays Act 2003. 10.5 An employee who is on call hours worked, except that any time worked after 8 hours on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, Public Holiday shall be paid at public holiday rates three times the relevant Employee’s Base Hourly Rate. In addition, the Employee will receive payment for those the Public Holiday (8 hours which occur at the Employee’s Ordinary Hours Base Hourly Rate) in the Employee’s ordinary pay cycle. (e) An Employee other than a shift worker who works on the public holiday and a Public Holiday shall be paid for at least four (4) hours at the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedrate. 10.7 Off duty day upon which the employee does not work: a(f) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls Holiday occurs during a period of annual R&R leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leaveEmployees shall receive payment for eight (8) Ordinary Hours at the relevant Employee’s Base Hourly Rate.

Appears in 1 contract

Samples: Greenfields Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January ’s Day, the day after New Year’s Day, Waitangi Day Day, Anzac Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Sovereign's Birthday ’s Birthday, Labour Day Christmas Day Boxing Day Day, Anniversary Day (as observed local) or day in the locality concerned) 10.2 The following shall apply to the observance of lieu, Christmas Day, Boxing Day, New Year’s . a. The University observes Easter Tuesday in lieu of Anniversary Day or 2 January, where such in Otago (Otago Campus). In the event of a day falls public holiday falling on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the , such public holiday shall, for that employee, shall be observed on that Saturday or Sunday the succeeding Monday, and transfer in the event of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered onanother public holiday falling on such Monday, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the such other holiday shall be transferred to observed on the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003succeeding Tuesday. c) Should b. When required by us, you shall work on the day a public holiday fall on is legally observed and shall be paid at time and a weekendhalf for all hours worked and shall, in addition, receive another day off in lieu. c. Where a Public Holiday is a day which would otherwise be worked and an employee is required we require you to work on both the public holiday and the week day to which the observance is transferredwork, the employee then you will be paid at weekend rates the rate of pay which you would have received if you had worked that day, a penalty payment equal to 50% of your normal hourly rate for the hours actually worked plus a whole paid alternative holiday. If you do not usually work on a public holiday, but do work, you will be entitled to time and a half for the time worked on the weekday/transferred worked, but not an alternative holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order These provisions shall not apply to maintain essential services, the employer may require an employee employees who choose to work on a public holiday when the public holiday falls on without a day which, but for it being a public holiday, would otherwise be a working day for the employeerequest from us. 10.4 When employees work on a public holiday as provided above they will d. Where we require you to be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided abovewhich would otherwise be worked and there are restrictions imposed by the on call condition on your freedom of action such that you have not had a whole holiday, but is not called in to work, you shall be granted entitled to an alternative holiday, except where the public holiday falls . If you are on a Saturday or Sunday call and its observance is transferred are required to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles on a public holiday, you shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates a penalty payment equal to 50% of your normal hourly rate for the remainder of the shift. One hours actually worked plus a whole paid alternative holiday shall apply in respect of each public holiday or part thereof workedholiday. 10.7 Off duty day upon which e. Full-time staff whose specified hours of work are not Monday to Friday will receive the employee does not work: a) Fulltime employees – For fulltime employees and where a same number of public holiday, holidays as other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later datestaff. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January a public holiday falling on either a Saturday or Sunday and a full day the full-time employee is rostered off duty on both that day and the weekday to which the observance is transferredstaff member does not normally work, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only staff member will be entitled to public a paid holiday provisions if to be taken on any other day agreed between the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payparties. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Individual Employment Agreement

Public Holidays. 10.1 6.1 The following days shall be observed as public holidays: New Year's ’s Day 2 January Waitangi Day Day/Good Friday Easter Monday Monday/ANZAC Day Sovereign's ’s Birthday Labour Day Day/Christmas Day Boxing Day Auckland Anniversary Day (as observed in the locality concerned)Day 10.2 6.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 6.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, on or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 6.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 6.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 6.3 The observance of Anzac day and Waitangi Day shall be in accordance with the provisions of Section 45A of the Holidays Xxx 0000. 6.4 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 6.5 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxx 0000. 10.5 6.6 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxx 0000. 10.6 6.7 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 6.8 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. 38.1 For the purposes of this clause an employee is deemed to have been required to work if they were rostered onAgreement, public holidays will be those public holidays gazetted by the authority of the Commonwealth Government, or on-call the New South Wales Government, and actually called such proclaimed or gazetted holiday is to be observed generally by persons in to workthe State or in the region. They are not deemed to have been required to work if they were on-call but not called back to workThese holidays include: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day. b) Where an employee is not required 38.2 Subject to clause 38.3, all Employees excluding casual Employees who would normally work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should on a day where a public holiday fall on a weekendfalls, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect that day off work without loss of each their Ordinary Rate of Pay. When a public holidayholiday falls on a non- working day, the Employee is not entitled to an extra day's pay or to another day off. 10.3 In order to maintain essential services, the employer 38.3 An Employee may require an employee be requested to work on a public holiday if necessary to meet the operational requirements of the business. 38.4 For the purposes of determining when the public holiday a certain shift falls on a day which, but for it being a public holiday, would otherwise where the major part of the shift falls on the public holiday, the entire shift will be treated as falling on the public holiday. Accordingly, where a working day for the employee. 10.4 When employees work minor part of a shift falls on a public holiday holiday, none of the shift will be treated as provided above falling on the public holiday. 38.5 If an Employee works on a public holiday, they will be paid double time and one half for a minimum of four (4) hours. Where the time worked is more than the Ordinary Hours of Work, such additional time worked will be paid at double time and one half. Eg : an Employee who normally works 8 ordinary hours on the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative day a holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, falls but is not called in only required to work, shall be granted an alternative work 4 hours on the holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall would be paid at public holiday rates 8 ordinary hours plus time and a half for those the four hours which occur on worked (i.e. a total of 14 hours pay for the public holiday day). Alternatively, by Agreement between the Company and the applicable rates Employee, another alternate day may be substituted for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b38.6 An Employee who works on Christmas Day or Good Friday will be paid triple time for the hours worked, ie double time for the hours worked plus the Ordinary Rate of Pay. 38.7 In addition to the public holidays listed above, an Employee excluding a casual Employee, will be granted an additional 1 day of paid leave each year. This day will be referred to as Company Picnic Day and will be treated as if it was a public holiday. For trades employees (excluding shift tradespersons and boiler attendants) Part-time employees – Where a part-time employee’s days of work are fixedCompany picnic day will be designated as Tuesday immediately following Easter Monday. For all other Employees, the employee shall only be entitled to public holiday provisions if the designation of when Company picnic day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payat the Company’s discretion. Any untaken additional days under this clause will not accumulate from year to year. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Employee Collective Agreement

Public Holidays. 10.1 27.1 The following days shall be observed allowed as public holidaysholidays with pay: New Year's Day 2 January Waitangi Day Day, Australia Day, Labour Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Anzac Day, Western Australia Day, Sovereign's Birthday Labour Day Birthday, Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, and Boxing Day, New Year’s Day or 2 January, where such a day . (a) Whenever any of the above days mentioned falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to observed on the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) next succeeding Monday. (b) and (d) of When Boxing Day falls on a Sunday or Monday, the Holidays Act 2003holiday shall be observed on the next succeeding Tuesday. (c) Should In each case the substituted day shall be a public holiday fall on without deduction of pay and the day for which it is substituted shall not be a weekendholiday. 27.2 In addition, and where an employee Employee (except a casual employee) is required to work on both the public holiday and above days as approved by the week day to which Employer the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, Employee shall be paid at public holiday rates the rate of double time for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof actually worked. 10.7 Off duty day upon which the employee does not work: a27.3 Should an Employee (except a casual employee) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall be required to work on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday the Employee shall be paid at the rate of double time and a full time employee is rostered off duty on both that half for hours actually worked. EASTER SUNDAY 27.4 Permanent and fixed term contract Employees will be provided an additional day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidaypaid leave for Easter Sunday. 27.5 The day of paid leave will be available to the Employee regardless of whether the Employee would normally be expected to work on that date. 27.6 The day of paid leave accrues on the date that Easter Sunday falls each calendar year. 27.7 Easter Sunday holiday may be accessed subject to the following: (a) the leave day is not available to an Employee who is on any period of leave without pay; (b) Part-time employees – Where a part-time employee’s days is paid at the rate of work are fixed, ordinary time; (c) can be added to annual leaver or taken individually; (d) must be taken in the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if calendar year in which they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment occur; (e) will be relevant daily pay.forfeited if not taken in the year in which it occurs; and 10.8 Public holidays falling during leave: a(f) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavepaid out on termination of employment.

Appears in 1 contract

Samples: General Agreement

Public Holidays. 10.1 6.1 The following days shall be observed granted as public holidays: whole holidays where they fall on days that would otherwise be a working day for the employee in accordance with the Holidays Xxx 0000. Christmas Day Boxing Day New Year's Years Day 2 The second day of January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as The birthday of the reigning Sovereign The day of the anniversary of the province 6.2 The employer and the employee may agree that any of the days specified in clause 6.1 may be observed in the locality concerned)on another day. 10.2 The following shall apply to the observance of 6.3 Where Christmas Day, Boxing Day, New Year’s Years Day or 2 January, where such a the second day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday January fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, : ▪ Saturday that would otherwise be a working day for the employee. 10.4 When employees work on a , the public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid treated as specified in falling on that day; ▪ Saturday that would not otherwise be a working day for the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided aboveemployee, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid treated as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur falling on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or following Monday; ▪ Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for the employee, the public holiday shall be treated as falling on that day; ▪ Sunday that would not otherwise be a working day for the employee. , the public holiday shall be treated as falling on the following Tuesday. 6.4 Where the employee is not required to work on any of the days specified in sub-clause 6.1 it being a partday that would otherwise be a working day for the employee, then the employee shall be paid the employees relevant daily pay for the day. 6.5 Where the employee is required to work on any of the days specified in sub-clause 6.1 then the employee shall be paid a portion of their relevant daily pay that represents the actual time worked on that day plus half that amount again. 6.6 Where the employee is required to work on any of the days specified in sub-clause 6.1 it being a day that would otherwise be a working day for the employee’s days are not fixed, the employee shall also be entitled allowed an alternative holiday to public holiday provisions if they worked on be paid at the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be employees relevant daily pay. This day is to be taken at a time mutually agreed between the employer and the employee, provided that where such agreement cannot be reached after 12 months of becoming entitled to the holiday, the employer shall determine the taking of the alternative day by giving at least 14 days’ notice. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period 6.7 After 12 months of annual leave, sick leave on pay or special leave on pay, an employee is becoming entitled to that an alternative holiday which is and at the employees request the employer may agree to pay the employee in lieu of the holiday. In these circumstances the employee shall be paid an agreed amount, such an amount being not debited against such leavegreater than the relevant daily pay at the time the employee takes alternative holiday. 6.8 The employees consent to work the days specified in sub-clause 6.1 above as required and directed by the employer, shall be evidenced by the coming into force of this agreement. 6.9 For the purpose of this clause, relevant daily pay shall have the same meaning as defined in the Holidays Xxx 0000.

Appears in 1 contract

Samples: Individual Employment Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January ’s Day, the day after New Year’s Day, Waitangi Day Day, Anzac Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Sovereign's Birthday ’s Birthday, Labour Day Christmas Day Boxing Day Day, Anniversary Day (as observed local) or day in the locality concerned) 10.2 The following shall apply to the observance of lieu, Christmas Day, Boxing Day, New Year’s . a. The University observes Easter Tuesday in lieu of Anniversary Day or 2 January, where such in Otago. In the event of a day falls public holiday falling on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the , such public holiday shall, for that employee, shall be observed on that Saturday or Sunday the succeeding Monday, and transfer in the event of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered onanother public holiday falling on such Monday, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the such other holiday shall be transferred to observed on the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003succeeding Tuesday. c) Should b. When required by the employer, the employee shall work on the day a public holiday fall on a weekend, is legally observed and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will shall be paid at weekend rates time and a half for all hours worked and shall, in addition, receive another day off in lieu. c. Where a Public Holiday is a day which would otherwise be worked and the employer requires the employee to work, then the employee shall be paid the rate of pay which the employees would have received if they had worked that day, a penalty payment equal to 50% of their normal hourly rate for the hours actually worked plus a whole paid alternative holiday. If staff do not usually work on a public holiday, but do work, they will be entitled to time and a half for the time worked on the weekday/transferred worked, but not an alternative holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order These provisions shall not apply to maintain essential services, employees who without a request from the employer may require an employee choose to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will d. Where the employer requires the employee to be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall which would otherwise be granted an alternative holiday, except where worked and there are restrictions imposed by the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls call condition on the employee’s rostered off duty day, freedom of action such that the employee shall be granted an alternative holiday at has not had a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public whole holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to an alternative holiday. If the on call employee is required to work on a public holiday provisions if they worked on holiday, the day of the week that the public holiday falls more than 40employee shall be paid a penalty payment equal to 50% of their normal hourly rate for the time over the last three months. Payment will be relevant daily payhours actually worked plus a whole paid alternative holiday. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Employment Agreement

Public Holidays. 10.1 (i) The following days employee shall be observed as entitled to the following paid public holidays: Christmas Day, Boxing Day, New Year's Day 2 January ’s Day, 2nd January, Good Friday, Easter Monday, the birthday of the reigning sovereign, Labour Day, Provincial Anniversary, Waitangi Day Good Friday Easter Monday ANZAC and Anzac Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in where they fall on a day that would otherwise be a working day for the locality concerned) 10.2 The following shall apply to employee. In the observance case of Christmas Day, Boxing Day, New Year’s Day, January 2, Waitangi Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where Anzac Day:  If the public holiday falls on a Saturday or Sunday and its observance it would not otherwise be a working day for the employee, the public holiday is transferred to a the following Monday (or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work case of Boxing Day or January 2 falling on a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on Sunday).  If the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall falls on either a Saturday or Sunday, falls and it would otherwise have been a working day for the employee, the holiday is recognised for that employee as falling on the traditional day.  No employee will have the holiday recognised as falling on more than one day as per section 45A of the Holidays Act. (The above is a summary of sections 45 and 45A of the Holidays Act) (ii) If an employee is required to work on any part of public holiday the payment shall be the portion of the employee’s rostered off duty day, relevant daily pay that relates to the employee shall time actually worked on the day plus half that amount again. Provided that any time worked in excess of three hours on that day will be granted paid at double time in accordance with the overtime payment set down in clause 8(b) in the case of waged employees. In addition an alternative holiday will be granted in lieu of the holiday and will be paid at a later date. In the event of Christmas Day, Boxing Day, New Yearemployee’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidayrelevant daily pay. b(iii) Part-time employees – Where a A part-time employee’s days of work are fixed, the employee early childhood teacher/kaiako shall only be entitled to public payment for the holiday provisions if where the holiday falls on a day which would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payteacher. 10.8 Public holidays falling during leave: a(iv) Leave A part year early childhood teacher/kaiako whose ordinary hours of work fall on pay When a public holiday falls during shall be paid for the number of hours usually worked on that day. For holidays that fall outside their work period but on a period day normally worked, they shall be paid on a pro-rata basis calculated in relation to the number of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leaveweeks actually worked in the calendar year as a percentage of 52 for all public holidays.

Appears in 1 contract

Samples: Early Childhood Education Collective Agreement

Public Holidays. 10.1 The 34.1 For the purpose of this subclause the following days shall are to be observed as public holidays: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Birthday, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Christmas Day, Boxing DayDay and any other day duly proclaimed and observed as a public holiday within the area in which the Employee’s usual workplace is situated. 34.2 In addition to those public holidays prescribed in subclause 34.1, there shall be an extra public holiday each year. Such public holiday will be determined by the Employer to be taken in the Christmas/New Year’s Day Year period, or 2 Januaryother suitable period as agreed between the Employer and Employees and, if nominated, the Union and shall be regarded for all other purposes of this clause as any other public holiday. 34.3 Public holidays shall be allowed to Full-time and Part-time Employees on full pay in accordance with the NES. 34.4 Except as otherwise provided in this subclause, where such an Employee is required to and does work on any of the Public Holidays set out in this subclause, whether for a full shift or not, the Employee shall be paid for the ordinary rostered hours of duty worked on that day falls on either a Saturday or a Sundayin accordance with the following rates: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or onFull-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at Employees – double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday time and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. half b) Part-time employees Employees Where double time and a part-time employee’s days half Such payment is to be in lieu of work are fixed, the employee shall only be entitled to public holiday provisions if the day weekend or shift allowances which would otherwise be payable had the day not been a working public holiday. 34.5 If the Employee so elects and with the consent of the Employer, he/she may be paid at the rate of time and a half time for the ordinary rostered hours worked and have one day added to his/her period of annual leave for that employee. each public holiday worked in lieu of the provisions of the preceding paragraph. 34.6 Where an Employee is rostered for a part-time employee’s days shift which crosses midnight on a public holiday and the total rostered hours on the public holiday are not fixedless than the equivalent of full shift, the employee shall shift will be entitled deemed to public holiday provisions if they have been worked on the day on which the majority of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily paywas actually worked. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Health Professionals and Support Services Enterprise Agreement

Public Holidays. 10.1 12.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 12.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. (c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 12.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 12.4 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 12.5 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 12.6 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall 16.1 Employees will be observed as entitled to public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday holidays in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday 16.2 The Employer and the week day to which Employees agree that when one of the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted days nominated in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday clause 16.1 above falls on a day which, but for it being a public holiday, which would otherwise be a working day for the employee.Employee and the Employer requires that Employee to work that day the Employee shall be obliged to work and shall be paid T1.5 for all hours so worked with the exception of the following where T2 of the relevant penal rate will be paid. Waitangi Day, Good Friday, Easter Monday, Matariki, ANZAC Day and Christmas Day. The Employee shall be entitled to an alternative paid holiday 10.4 When employees 16.3 If an Employee is rostered to work on a public holiday as provided above they Public Holiday but requests Annual Leave on that Public Holiday, then it will be paid at double treated as a Public Holiday and will not be deducted from the ordinary hourly rate of pay (T2) for each hour worked and they shall Employee’s Annual Leave balance. However, approval will be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003subject to usual leave application criteria. 10.5 An employee who is on call on 16.4 Where a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday day that an Employee is not normally required to work and its observance is transferred where the Employee agrees to a Monday or Tuesday which work that day they shall receive the employee appropriate penal rate for each hour worked. The Employee shall also works. Such be entitled to an alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof this includes extra shifts worked. 10.7 Off duty day upon which 16.5 Full time employees will be entitled to all public holidays in accordance with the employee does not work:Holidays Act. a) Fulltime 16.6 For part time employees – For fulltime employees and where working or a rotating roster, entitlement to a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on holiday will be calculated using the employee’s rostered off duty day, 3/6 rule. Employees would need to have worked at least 3 of the employee shall be granted previous 6 relevant days to receive an alternative holiday at a later date. In entitlement for the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where 16.7 For the avoidance of doubt an Employee who works more than one shift within a part-time employee’s days of work are fixed, the employee day which is observed as a public holiday shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employeeone day’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payalternative paid holiday. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The 32.1 For the purpose of this subclause the following days shall are to be observed as public holidays: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Birthday, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Christmas Day, Boxing DayDay and any other day duly proclaimed and observed as a public holiday within the area in which the Employee’s usual workplace is situated. 32.2 In addition to those public holidays prescribed in clause 29.1, there shall be an extra public holiday each year. Such public holiday will be determined by the Employer to be taken in the Christmas/New Year’s Day Year period, or 2 Januaryother suitable period as agreed between the Employer and Employees and, if nominated, the Union and shall be regarded for all other purposes of this clause as any other public holiday. 32.3 Public holidays shall be allowed to Full-time and Part-time Employees on full pay in accordance with the NES. 32.4 Except as otherwise provided in this subclause, where such an Employee is required to and does work on any of the Public Holidays set out in this subclause, whether for a full shift or not, the Employee shall be paid for the ordinary rostered hours of duty worked on that day falls on either a Saturday or a Sundayin accordance with the following rates: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or onFull-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at Employees – double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday time and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. half b) Part-time employees – Where Employees - double time and a part-time employee’s days half 32.5 Such payment is to be in lieu of work are fixed, the employee shall only be entitled to public holiday provisions if the day weekend or shift allowances which would otherwise be payable had the day not been a working public holiday. 32.6 If the Employee so elects and with the consent of the Employer, he/she may be paid at the rate of time and a half time for the ordinary rostered hours worked and have one day added to his/her period of annual leave for that employee. each public holiday worked in lieu of the provisions of the preceding paragraph. 32.7 Where an Employee is rostered for a part-time employee’s days shift which crosses midnight on a public holiday and the total rostered hours on the public holiday are not fixedless than the equivalent of full shift, the employee shall shift will be entitled deemed to public holiday provisions if they have been worked on the day on which the majority of the week that the time was actually worked. 32.8 Where a public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leaveoccurs on a Shift Worker’s rostered day off he/she shall: a) Leave on be paid one day's pay When a public holiday falls during a in addition to the weekly rate; or b) if the Employee so elects and with the consent of the Employer, have one day added to his/her period of annual leave, sick leave on pay . 32.9 An election so approved under clause 32.6 or special leave on pay, an employee 32.8 is entitled to be made in writing by the Employee at the commencement of each year of employment and is irrevocable during the currency of that holiday which is not debited against such leaveyear of employment.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 The following days 4.5.1 Subject to the other provisions of this clause, employees (other than casual employees) shall be observed entitled to the following paid Public Holidays, and for the purposes of this clause a Public Holiday shall be deemed as public holidays: being:- New Year's Day 2 January Waitangi Day Day, Australia Day, Adelaide Cup Day, Good Friday Friday, Easter Monday ANZAC Day Sovereign's Birthday Saturday, Easter Monday, Anzac Day, King’s Birthday, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Christmas Day, Boxing Day/Proclamation Day, New Year’s Day or 2 January, where such a any other day falls on either a Saturday or a Sunday:which may be awarded by applicable legislation. a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, 4.5.2 A Public Holiday shall be observed on the day on which it falls according to the calendar, unless another day is appointed by or under a State Act or State Proclamation in substitution for that Saturday or Sunday day as the day on which such holiday is to be observed, in which case the day so appointed shall be a Public Holiday and transfer of the observance day on which the holiday falls according to the calendar shall not be a Public Holiday. 4.5.3 The Butchers Picnic is an ordinary working day and is paid as such because it has been transferred and treated as an accumulated ‘Time Bank’ (Time off in Lieu), and will not occurbe taken at a time as agreed between the Employer and Employee. For the purposes avoidance of doubt, entitlement for this clause day is dependent upon the date of commencement of new employees. Employees commencing after the day on which this day falls, will not have an entitlement to it. 4.5.4 Payment for public holidays shall be based on the following: Employees working to tally shall be paid on the basis of an average of the wages earned in the week immediately prior to the public holiday. If stand downs have occurred during that week then the average is to be taken only of the days that were actually worked. That is to say the total ordinary time earnings up to maximum tally earned on the days worked are divided by the number of days actually worked in that week. If no days were worked in that week then the average will be taken of the previous weeks earnings in the same fashion. 4.5.5 With the exclusion of 4.5.3, any work performed on a public holiday double time shall be paid. 4.5.6 If any employee other than a Casual employee is dismissed within fourteen days before any one of the holidays above-mentioned and is re-engaged within fourteen days after any of the holidays above-mentioned, he or she shall be deemed to have been required dismissed for the purpose of evading payment for such holiday, and any payment so evaded shall be due and payable to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workthe employee. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday 4.5.7 Double time shall be transferred mean double time in addition to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates ordinary rate for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, 4.5.8 Agreement may be reached between the employer may require and an employee to work on a public substitute any holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payprescribed by clause 4.5.1 and 4.5. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. 23.1 For the purposes of this clause an employee Agreement, recognised public holidays are New Year’s Day; Australia Day; Good Friday; Easter Saturday; Easter Sunday (when gazetted); Easter Monday; Easter Tuesday; Anzac Day; Labour Day; King’s Birthday; Christmas Day; Boxing Day or any other day observed by the public in lieu of one of those days and all other public holidays gazetted for our particular region. If under a law of New South Wales, a day is deemed to have been required to work if they were rostered onsubstituted for one of the above recognised public holidays, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workthen the substituted day becomes the public holiday. b) Where an employee is not required to work that Saturday or Sunday23.2 Except for Employee’s covered under clause 23.5, observance of the holiday shall be transferred to the following Monday and/or Tuesday and in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferredNES, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer Company may require an employee roster Employees to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period where the Employee is rostered on. 23.3 Employees will not be rostered to work on Christmas Day or Boxing Day which will be taken to start from the start of annual leavethe night shift of 25th December (which commences on the evening of the 24th December). Rostered work will resume from the start of the night shift of 27th December (which commences on the evening of the 26th December). 23.4 Agreement may be reached between an individual Employee and the Company to observe a public holiday on a day other than the day prescribed above. In such case, sick the prescribed public holiday will be treated as an ordinary working day for the purposes of this Agreement. 23.5 Employees who are rostered to work on Monday to Friday only on shifts of up to 8.5 ordinary hours will not be required to work on public holidays as part of their normal roster cycle. Such Employees may, however, in exceptional circumstances, be required to work on public holidays to meet operational needs. 23.6 An Employee not required to work on a public holiday that would otherwise be a rostered working day for that Employee will be paid their ordinary hourly rate for their rostered shift length for that day. Such payment will form part of an Employee’s WPA. 23.7 Where Employees work on a public holiday, they will be paid at the equivalent rate of three times the Employee’s ordinary hourly rate of pay. 23.8 An Employee who is not rostered or required to work on a public holiday that would otherwise be a working day, and who fails to attend to work their rostered shift on the day immediately before or immediately after the public holiday, must provide a medical certificate or other evidence which satisfies the Company that the reason for the leave on pay or special leave on paywas genuine to the Company to verify the reasons for their absence from work. If an Employee does not provide the Company with a medical certificate, an employee is they will not be entitled to that holiday which is not debited against such leavereceive payment for the public holiday.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 The following days shall be observed as public holidaysthe holidays under this agreement: Christmas Day, Boxing Day, New Year's Day 2 January Day, 2nd January, Waitangi Day Day, Good Friday Friday, Easter Monday ANZAC Day Sovereign's Monday, Anzac Day, Matariki, Labour Day, the Birthday Labour Day Christmas Day Boxing Day of the reigning sovereign and Anniversary Day (as of the Province or a day in lieu. These days will be observed in accordance with the locality concerned) 10.2 The following shall apply to the observance of Holidays Act 2003. Where Christmas Day, Boxing Day, New Year’s Day, 2nd January, Waitangi Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday Anzac Day fall on or over a weekend, they are transferred based on the working week of the employee (i.e. transferred for employees who do not normally work on the weekend, and an observed where they fall for employees who do normally work on the weekend). This provision does not entitle the employee is to more than 1 public holiday for each day (i.e. a maximum of 12 days in each year). Employees may be required to work on both the any particular public holiday and the week provided it is a day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holidaythey would otherwise normally have worked. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require If an employee is rostered to work on a public holiday when holiday, and the public holiday falls on a day whichthey would normally work: • the employee will be entitled to a paid alternative holiday, but • where Christmas Day is observed on 25th December, for it being the employee, they will be paid double the ordinary rate. • no time worked on a public holiday shall be paid at greater than double the ordinary rate. Payment for working on a public holiday will be in accordance with the Holidays Act 2003. The employer will pay the employee the greater of - a) the portion of the employee’s relevant daily pay or average daily pay (less any penal rates) that relates to the time actually worked on the day plus half that amount again; or b) the portion of the employee’s relevant daily pay that relates to the time actually worked on the day If an employee does not work on a public holiday, and the day would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they , the employee will be paid not less than the employee’s relevant daily pay or average daily pay for that day. Alternative holidays are to be taken at double a time mutually agreed within twelve (12) months of entitlement. If the holiday is not taken within 12 months, an employee may request to have the alternative holiday cashed up and payment made at the ordinary hourly rate of pay (T2) If an employee and Xxxxxx cannot agree when an alternative holiday is to be taken, Xxxxxx may determine the date, on a reasonable basis. Xxxxxx must give the employee at least 14 days’ notice of the requirement to take the alternative holiday. Payment is not less than the employee’s relevant daily pay or average daily pay for each hour worked and they shall be granted the day taken as an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 6.01 The Employer shall give to each employee, who qualifies under this Article, a holiday on, and pay to each employee, that employee's regular wages for each of the following days shall be observed as public nine (9) holidays: New Year's Years Day 2 January Waitangi Thanksgiving Day Good Friday Easter Monday ANZAC Labour Day Sovereign's Birthday Labour Victoria Day Christmas Day Canada Day Boxing Day Anniversary Day Civic Holiday 6.02 An employee does not qualify for a holiday with pay if the employee: (as observed a) fails, without reasonable cause, to work all of the employee’s last regularly scheduled day of work before the public holiday or all of the employee’s first regularly scheduled day of work after the public holiday; or (b) has agreed to work on the holiday and who, without reasonable excuse, fails to report for and perform the work. 6.03 For the purpose of paying regular wages to an employee for a holiday under this Article, regular wages shall be based upon the employee’s regularly scheduled hours of work, excluding overtime, at the employee's straight time hourly rate; unless the employee has been absent from work in the locality concerned) 10.2 The following four weeks proceeding the holiday in which case the employees regular wages shall apply be calculated as the total amount of regular wages and vacation pay, excluding overtime, payable to the observance of Christmas Dayemployee in the four work weeks before the work week in which the holiday occurred, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:divided by 20. a) 6.04 Where an employee is required to work that Saturday or Sunday and works on a holiday, the holiday shallEmployer shall pay the employee two times the employee's straight time hourly rate, for that employeeall hours worked and, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to the holiday with pay, the employee's regular wages as well. 6.05 Where a holiday falls during an employee’s vacation, the Employer and the employee shall designate a working day as the substituted holiday and the day so designated shall be deemed to be the holiday. 6.06 Where a holiday falls on either a non-working day or a working day the Employer and the Union may designate another working day as the substituted holiday and the day so designated shall be deemed to be the holiday. 6.07 Effective January 1, 2002, an employee who does not work on a holiday and who receives holiday pay for that holiday which is not debited against such leaveshall be deemed to have worked the employee’s regularly scheduled hours of work on that holiday for the purposes of calculating when to pay that employee overtime for the balance of the week.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Public Holidays. 10.1 The following days Public Holidays shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday allowed in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekendAct, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, where these would otherwise be have been a working day for the employee. 10.4 When employees : ➢ New Years Day ➢ 2nd January ➢ Provincial Anniversary Day ➢ Waitangi Day ➢ Good Friday ➢ Easter Monday ➢ ANZAC Day ➢ Sovereign’s Birthday ➢ Labour Day ➢ Christmas Day ➢ Boxing Day No payment shall be made for any Public Holiday, which falls on a day, which the employee would not have otherwise worked. The prior approval of the employer is required for any employee to work on a public holiday Public Holiday. Employees must work on Public Holidays when requested to do so by the employer, if that Public Holiday would have otherwise been a working day for the employee. Payment for employees who are required and/or approved to work on a Public Holiday shall be as provided above they will follows: ➢ Where, at the request of or with the prior consent of the employer the employee works on a Public Holiday and that day would have been a day which the employee would otherwise have worked then: - the employee is entitled to be paid for the approved hours actually worked at double the ordinary rate of time and a half of their normal hourly rate (or in case of pay salaried staff time and a half of the applicable portion of their salary relative to the time actually worked). - the employee is entitled to an alternative holiday to be provided at the employee’s relevant daily pay. ➢ Where, at the request of or with prior consent of the employer, the employee works on a Public Holiday and that day would not have been a day which the employee would otherwise have worked, then: - the employee is entitled to be paid for the approved hours actually worked at the rate of time and a half of their normal hourly rate (T2) for each hour worked or in case of salaried staff time and they shall be granted a half of the applicable portion of their salary relative to the time actually worked). - the employee is not entitled to an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which ➢ Where the employee does not work: a) Fulltime employees – For fulltime employees and work on a Public Holiday, but that day would have been a day where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixedhave worked, then: - the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to payment for that holiday which day at the employee’s relevant daily pay. - the employee is not debited against such leaveentitled to an alternative holiday. ➢ Where the employee does not work on a Public Holiday and that day would not have been a day where the employee would otherwise have worked, then: - the employee is not entitled to any payment for that day - the employee is not entitled to an alternative holiday. ➢ Where the employee is required, or has agreed to work on a Public Holiday, but is unable to because the employee, his spouse or dependant is sick or injured, or the employee suffers a bereavement, then: - the Public Holiday is treated as a Public Holiday - the employee is entitled to be paid their relevant daily rate - the employee is not entitled to an alternative holiday.

Appears in 1 contract

Samples: Collective Employment Agreement

Public Holidays. 10.1 6.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned): 10.2 6.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 6.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, on or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 6.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) 6.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holidayholiday.‌‌‌‌ 6.3 The observance of Anzac day and Waitangi Day shall be in accordance with the provisions of Section 45A of the Holidays Act 2003. 10.3 6.4 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 6.5 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 6.6 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 6.7 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 6.8 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Dental Therapists and Dental Assistants Collective Agreement

Public Holidays. 10.1 ‌ 12.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 12.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. (c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 12.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 12.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 12.5 An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 12.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 12.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 12.8 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days (a) Employees shall be observed as public holidays: entitled to the following gazetted Public Holidays, however all employees are required to be present for all shifts for which they are rostered to work. New Year's ’s Day 2 January Waitangi Australia Day Good Friday Easter Saturday Easter Sunday Easter Monday ANZAC Anzac Day Sovereign's Kings Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed Any other gazetted public holidays declared by the NSW Government. An additional public holiday day may be taken first Monday of December subject to approval and operational requirements or alternatively in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, Christmas/New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, Year period which may be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workknown as ‘recreation’ day. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) Gazetted Public holidays are limited to the day of significance and (d) does not include normal days of the Holidays Act 2003. c) Should a public holiday work that are subsequently gazetted in lieu of days of significance that fall on a weekend. For example, if Christmas Day falls on a Saturday and an employee is required to work on both the in lieu public holiday and is the week Monday, Saturday is the day to which the observance is transferred, the employee that will be paid at weekend rates for as the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holidayPublic Holiday. 10.3 In order (c) Monday to maintain essential services, the employer may require an employee Friday workers required to work on a public holiday when the public holiday falls on a day whichwill be paid as per sub clause (b) of clause 7, but for it being a public holiday, would otherwise be a working day for the employeeOvertime (Monday to Friday Workers). 10.4 When (d) Public holidays shall be paid for on the days that they fall and shall only be paid to employees who are attending work. Employees who are not scheduled to work on a public holiday as provided above they shall not be entitled to the payment. (e) The Company will consult with employees who are affected by the Christmas Day roster and will endeavour to accommodate leave requests were possible. (f) In accordance with s114(2) of the Fair Work Act (Cth) 2009, employees may be paid at double the ordinary hourly rate of pay (T2) for each hour worked requested to work on public holidays, and they shall may in some circumstances be granted an alternative holiday. Such alternative holiday shall be taken required to work on those public holidays, where the request is reasonable and paid as specified in the Holidays Act 2003their refusal to work is unreasonable. 10.5 An employee who (g) To avoid doubt, where an Employee is rostered to work on call a public holiday, this constitutes a request to work on a public holiday and the Employee must advise as provided above, but is soon as practicable if they do not called in intend to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and day. As rosters are issued annually, employees are to advise as soon as practicable after the applicable rates for roster is issued but should provide a minimum of 14 days’ notice to the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when Employer if they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled available to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When work a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavetheir roster.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 Applicable public holidays 72.1 The following days shall public holidays will apply:  New Year‟s Day  Australia Day  Good Friday  Easter Saturday  Easter Monday  Anzac Day  Labour Day  Queen‟s Birthday  Christmas Day  Boxing Day  Show holidays or equivalent (see „Nominating a show holiday‟ below) or  Any such day appointed under the Holidays Act (QLD) 1983, to be kept in place of any such holiday (i.e. a gazetted public holiday). 72.2 In a district in which a show holiday is not appointed under the Holidays Act (QLD) 1983, the employee and Company must agree on an ordinary working day that is to be treated as a show holiday for all purposes. 72.3 Where the Company and a majority of affected employees agree a public holiday may be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed on a day other than the day specified in the locality concerned) 10.2 The following shall sub clause above For the relevant employees this clause will not apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required public holiday substituted but will apply to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to worksubstitute day. b) Where an 72.4 An employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise will be a working day paid at ordinary time for the employeeordinary hours they employee would have otherwise worked. 10.4 When 72.5 Casual employees work will only be paid for public holidays on which they work. 72.6 An employee who works on a public holiday as provided above they will be paid 72.7 At ordinary time for all ordinary hours rostered for the day; 72.8 And in addition the hours actually worked will be paid at double 150% of the ordinary hourly rate time with a minimum of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 20034 hours. 10.5 An employee 72.9 In addition employees will be paid any applicable shift work and/or weekend work penalties. 72.10 Employees who is on call do not ordinarily work Saturdays as part of their ordinary hours will not be entitled to payment for Easter Saturday when not worked. 72.11 When a full-time employee‟s rostered day off falls on a public holiday as provided aboveand cannot be moved to another day, but is not called in to workthe employee, shall for such day, will be granted an alternative holiday, except where paid the equivalent of the ordinary hours component of their usual rostered shift length. 72.12 Where a public holiday falls on a Saturday or Sunday and its observance but is transferred to observed on a Monday or Tuesday, employees will be paid for working the Saturday or Sunday at the penalty rates for Saturdays and Sundays. Where employees work on the gazetted Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall the employees will be paid at in accordance with this clause. 72.13 Where overtime is worked on a public holiday rates for those either as a whole additional shift or as additional hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment above any ordinary hours, payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When at double the overtime rate that would be applicable if the day was not a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leaveholiday.

Appears in 1 contract

Samples: Coal and Regional Freight Logistics Enterprise Agreement

Public Holidays. 10.1 The following days (1) A Caregiver who works their ordinary hours on a Public holiday shall be observed paid in accordance with clause 18 or clause 26 as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workappropriate. b(2) Where an employee If a Caregiver is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekendday solely because that day is a Public holiday, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee they will be paid at weekend ordinary rates for the time ordinary hours that they would have worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holidaythat day. 10.3 (3) In order addition to maintain essential servicessub clause (2), if a Caregiver is required to be on call on a day observed as a Public holiday during what would normally have been the Caregiver’s ordinary hours, the employer may require an employee Caregiver shall be allowed to observe the Public holiday on a day mutually acceptable to the Employer and the Caregiver. In addition, any recall performed while on call on a Public holiday shall be paid in accordance with Clause 34 – On Call sub clause (9) (e). [Example: A JMO Caregiver would have been rostered to work from 0800 – 1600 hours on a public holiday when Monday. As the public Monday is a Public Holiday they are not required to attend for that shift however they are subsequently rostered on call for the Public Holiday from 0800 to 0800 on the following day. During the above period they are recalled to work at 10.00am and again at 10.00pm on the Monday. (4) If a Public holiday falls on a day whichthat a Caregiver is not rostered to work then no additional payment or day in lieu will be provided. (5) To avoid any doubt, but for it being a public holiday, would otherwise Caregiver who is rostered to work a shift the length of which has been shortened because of the Public holiday shall be a working day paid in accordance with subclause (1) for the employee. 10.4 When employees ordinary hours that they would have worked on that day. [Example: A Caregiver would have been rostered to work 8 hours on a public Monday and because a Public holiday as provided above they fell on that Monday the Caregiver is only rostered to work 3 ordinary hours on this day. The Caregiver will be paid at double the 3 rostered ordinary hourly rate of pay (T2) hours in accordance with either Clause 18 or Clause 26 i.e. they would be paid 3 ordinary hours plus the applicable Public holiday loading for each hour worked and they shall be granted an alternative working ordinary hours on a Public holiday. Such alternative holiday shall be taken and paid In addition, the caregiver would receive 5 hours payment of ordinary hours as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is Caregiver would have normally been rostered for 8 ordinary hours had it not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates been for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedPublic Holiday. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.]

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 Applicable public holidays 57.1 The following days shall public holidays will apply:  New Year‟s Day  Australia Day  Good Friday  Easter Saturday  Easter Monday  Anzac Day  Labour Day  Queen‟s Birthday  Christmas Day  Boxing Day  Show holidays or equivalent or  Any such day appointed under the Holidays Act (QLD) 1983, to be kept in place of any such holiday (i.e. a gazetted public holiday). 57.2 In a district in which a show holiday is not appointed under the Holidays Act (QLD) 1983, the employee and Company must agree on an ordinary working day that is to be treated as a show holiday for all purposes. 57.3 Where the Company and a majority of affected employees agree a public holiday may be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in on a day other than the locality concerned) 10.2 The following shall day specified above. For the relevant employees this clause will not apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required public holiday substituted but will apply to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to worksubstitute day. b) Where an 57.4 An employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise will be a working day paid at ordinary time for the employeeordinary hours they employee would have otherwise worked. 10.4 When 57.5 Casual employees work will only be paid for public holidays on which they work. 57.6 An employee who works on a public holiday will be paid 57.7 At ordinary time for all ordinary hours rostered for the day; 57.8 And in addition the hours actually worked will be paid at 150% of the ordinary time with a minimum of 4 hours. 57.9 In addition employees will be paid any applicable shift work and/or weekend work penalties. 57.10 Employees who do not ordinarily work Saturdays as provided above part of their ordinary hours will not be entitled to payment for Easter Saturday when not worked. 57.11 When a full-time employee‟s rostered day off falls on a public holiday and cannot be moved to another day, they will be paid at double the their ordinary hourly rate of pay (T2) rostered hours for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003that day. 10.5 An employee who is on call on 57.12 Where a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance but is transferred to observed on a Monday or Tuesday, employees will be paid for working the Saturday or Sunday at the penalty rates for Saturdays and Sundays. Where employees work on the gazetted Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall the employees will be paid at in accordance with this clause. 57.13 Where overtime is worked on a public holiday rates for those either as a whole additional shift or as additional hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment above any ordinary hours, payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When at double the overtime rate that would be applicable if the day was not a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leaveholiday.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to be the observance of holidays under this agreement: Christmas Day, Boxing Day, New Year’s Day or 2 's Day, 2nd January, where such Waitangi Day, Good Friday, Easter Monday, Anzac Day, Labour Day, the Birthday of the reigning soviegrneand Anniversary Day of the Province or a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, in lieu. These days will be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday . Where ChristmaDs ay, Boxing Dayn,d JaNnuearwy, WYaiteanagirD’aysor ADnzaacy, 2 Day fall on or over a weekend, they are ntrsaferred based on the working week of the employee i(.e. transferred for employees who do not normally work on the weekend, and an employee is observed where they fall for employees who do normally work on the weekTenhdis). provision does not entittlhee employeeto more than 1 public holiday for each dayi.e(. a maximum of 11 days in each year). Employeesmay be required to work on both the any particular public holiday and the week provided it is a day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holidaytheywould otherwise normally have workeda. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to nIfemployee isrosteredto work on a public holiday when pubicl holiday, and the public holiday falls on a dathyey would normally work: x the employeewill be entitled to a paid alternative holiday, x where Christmas Day is observed onth D25ecembe,rfor theemployee,they will be paid double the ordinary rate. x no time worked on a public holiday shall be paid at greater than double the ordinary rate. Payment for working on a public holiday will be in ardcaconce with the Holidays Act 2003. The employer will pay the employee the greater- of a) the portion os rfelevatnht deaily peamy opr alvoeraygee deai’ly pay (less any penal rates) that relates to the time actually worked on the day which, but for it being plus half that amount again; or b) the portion of the employee’s relevant d on the day If an employee does not work on a public holiday, and the day would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they , the employee will be paid paniodt less thanthe employe relevant daily pay or average daily pay for that day. Alternative holidays Alternative holidays are to be taken at double a time mutually agreed within twelve (12) months of entitlement. If the holiday is not taken within 12 montahns, employeemay request to have the alternative holiday cashed up and paymenatdme at the ordinary hourly rate of pay (T2) for each hour worked If an employee and they shall Xxxxxx cannot agree when an alternative holiday is to be granted tSakeelwny, n may determine the date, on a reasonable basSise.lwynmust give the employee at least 14 days’of ntheorteqiuicremeent to take the alternative holiday. Payment is not lessathn the employee’s relevant daily day taken as an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 (a) The following days shall be observed as public holidaysholidays without deduction from pay: Christmas Day, Boxing Day, New Year's Day 2 January Waitangi Day and the day following, Good Friday Friday, Easter Monday ANZAC Day Monday, Anzac Day, the Birthday of the Reigning Sovereign's Birthday , Labour Day Christmas Day Boxing Day Day, the Anniversary Day (as of the Province or the day observed in the locality concerned) 10.2 The following in lieu thereof, and Waitangi Day. Should a holiday fall on a Saturday or Sunday, such holiday shall apply to be observed on the observance succeeding Monday, and in the event of another holiday falling on such Monday, such other holiday shall be observed on the succeeding Tuesday. Where Saturday and/or Sunday would otherwise be working days for an employee, Christmas Day, Boxing Day, New Year’s Day or Day, 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, Anzac Day and Waitangi Day shall not be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to worktransferred. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the The employer may require an employee to work on a public holiday when holiday, provided the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work (c) Where an employee works on a public holiday as provided above they will in accordance with clause 16 (b) the employee shall be paid for the time worked at double the ordinary hourly rate of pay (T2) for each hour worked time and they a half in accordance with s.50 of the Holidays Act 2003 and its amendments, and shall also be granted entitled to an alternative holiday. Such alternative holiday shall day to be taken and paid as specified in accordance with the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called (d) Should any of the holidays specified in to work, shall be granted an alternative subclause (a) of this clause occur during the currency of the employee's annual holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative then such annual holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates extended by one day for those hours which occur on the public every such holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday.paid for every such day b(e) Part-time employees – Where shall not be paid for any such holiday which falls on a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payon which they are not normally employed. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall be observed 6.4.1 Public holidays are as public holidaysfollows: Christmas Day Boxing Day New Year's ’s Day 2 Second day of January (or some other day in its place) Waitangi Day Good Friday Easter Monday ANZAC Anzac Day Sovereign's Queen’s Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed or some other day in its place). 6.4.2 Where the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing DayChristmas, New Year’s Day ’s, Waitangi or 2 January, where such Anzac holidays fall on a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public , the relevant holiday as provided above they will be paid at double treated as falling on that day. Where the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided aboveChristmas, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls New Year’s Waitangi or Anzac holidays fall on a Saturday or Sunday and its observance it is transferred to not a working day for the employee, the relevant holiday will be “Monday-ised” i.e. observed on the following Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Tuesday. 10.6 Those 6.4.3 Employees agree to work on public holidays where operational needs require. Where employees who are required to work a night shift which straddles on a public holiday, they will be paid time and a half (T1½) for the hours worked. In addition, where the public holiday is an ordinary working day for the employees, they will be entitled to a paid day off in lieu, to be taken at an agreed time. 6.4.4 For employees who do not work on public holidays, they shall be paid at public holiday rates their usual salary for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedthat day, where that day would otherwise have been a working day. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – 6.4.5 Where a partfull-time employee’s days of work are fixedusually determined by a permanent roster that excludes Monday as a day of work, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, Ministry will allow the employee shall be entitled to public take an alternative holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When where a public holiday falls during and is observed on a period Monday. Generally, the alternative holiday in lieu of annual leavethe public holiday should be taken within a month of entitlement. Where the employee and their manager cannot agree on the day that the alternative holiday will be taken, sick leave the manager will make the final determination.roster and a Statutory Public Holiday falls on pay or special leave on pay, an a day where the employee is entitled not rostered to that holiday which work, they shall be granted an alternative day in lieu. The intent of this clause is not debited against such leavefor all full-time rostered workers to attain the equivalent of 11 Statutory Public Holidays.

Appears in 1 contract

Samples: Collective Agreement

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Public Holidays. 10.1 11.1 The following days shall be observed as paid public holidaysholidays if they fall on a day that would otherwise be a working day for the employee: ▪ The day after New Year's Day 2 January ▪ New Year's Day ▪ Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day ▪ Applicable Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of 11.2 Where Christmas Day, Boxing Day, New Year’s Day, 2nd January, Waitangi Day or 2 January, where such a ANZAC Day (or any other day as prescribed by The Holidays Act) falls on either a weekend and that day: • is otherwise a working day for the Employee then the public holiday is treated as falling on the day it actually falls; • is not otherwise a working day for the Employee and is a Saturday or a Sunday: a) Where an employee then that public holiday is required to work that Saturday or Sunday treated as falling on the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occurfollowing Monday. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work otherwise a working day for the Employee and is a Sunday on which Boxing Day or 2nd January actually falls then that Saturday Boxing Day or Sunday, observance 2nd of the holiday shall be transferred to January is treated as falling on the following Monday and/or Tuesday in accordance with Tuesday. • is not otherwise a working day for the provisions of Sections 45 (1) (b) Employee and (d) of is a Sunday on which Waitangi Day or ANZAC Day falls then that Waitangi Day or ANZAC Day is treated as falling on the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an following Monday. • Any employee who is required to work on both New Year’s Day, 2nd of January, Christmas Day, Boxing Day, Waitangi Day or ANZAC Day when those holidays fall on a Saturday or Sunday and is required to work on the days on which they are observed shall receive the public holiday and penal payment for the week day to actual days on which the observance is transferredthey fall, the employee will be paid at weekend rates penal payment for the time worked days on the weekday/transferred holiday. Only one alternative holiday will be granted which they are observed and a day in respect of lieu for each public holidayholiday worked. 10.3 In order 11.3 The employee agrees to maintain essential services, the employer may require an work on public holidays if requested to do so. 11.4 If a rostered employee required to work on a public holiday when as part of the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday normal roster (i.e. not as provided above they will overtime) shall be paid at double the ordinary hourly rate of pay time one (T2T1) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003addition to normal salary. 10.5 An 11.5 If the employee who is required to work or is on call on a public holiday as provided above, but the employee(s) is not called in also entitled to work, shall be granted an alternative day’s holiday, except where . 11.6 If the public employee is entitled to an alternative holiday falls it is to be a whole working day off to be taken on a Saturday or Sunday day agreed by the employer and its observance the employee. If no agreement is transferred to a Monday or Tuesday which reached, then the employee also works. Such may within 12 months of becoming entitled to the alternative holiday shall determine when the day is to be taken (having taken into account the employer’s view and given not less than 14 days notice). After 12 months the employer may determine when the alternative holiday is to be taken having given the employee not less than 14 days’ notice or the parties may agree that the alternative holiday be exchanged for a payment to be agreed 11.7 Public Holidays falling during leave, time off, or off duty days will be taken and paid as specified for in the accordance with The Holidays Act 2003. 10.6 Those 11.8 When part time employees who work fixed days (example every Monday to Wednesday) they will receive a night shift which straddles day’s leave if a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty one of those fixed days and they work it. If they are not required to work that day, then they will receive the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each paid public holiday. b) Part11.9 This clause shall only apply to employees employed under the “SCL-code”, MLSouth employees at Christchurch, and employees at Timaru, Xxxxxx and Marlborough. When part time employees – Where a part-time employee’s work full rotating shifts (i.e. work different set of days of work are fixedeach week - Monday to Thursday week 1, the employee shall only be entitled Tuesday to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee Friday week 2 and so on) they shall be entitled to paid all public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.holidays)

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The 27.1 This section is to be read subject to the provisions of the Fair Work Act. 27.2 All work on Public Holidays will be worked by Employees on a voluntary basis. If, however, there are insufficient volunteers to work on a Public Holiday, to the extent permitted by the Fair Work Act, the Employer will nominate Employees to work and such Employees will be required to work. 27.3 If a permanent Employee is not required by the Employer to work any part of the Employee’s Ordinary Hours of Work on a Public Holiday, the Employee is entitled to be absent from work on that Public Holiday. An Employee absent from work on a Public Holiday in accordance with this clause must be paid the appropriate wages for the number of ordinary hours that the Employee would have worked if it had not been a Public Holiday. 27.4 Public Holidays are the days (or substitute days) on which the following days shall be observed as public holidaysholidays are observed: New Year's Years Day 2 January Waitangi Anzac Day Australia Day Queen’s Birthday Good Friday Labour Day The day after Good Friday Christmas Day (25 December) Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed 26 December) 27.5 Where Public Holidays are legislated in the locality concerned) 10.2 The following shall apply State that the Employee works on days other than and in addition to the observance of Christmas Daythose set out above, Boxing Day, New Year’s Day those days or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, part-days will constitute additional Public Holidays for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause. 27.5.1 If the Anzac Day Public Holiday is substituted to another day by a law of a State or Territory, both the original day and the substituted day are public holidays. 27.6 The relevant Employer and the majority of Employees in an establishment may agree to substitute another day for a Public Holiday. If either the Public Holiday or the substitute day is worked, Public Holiday penalties prescribed by this clause an employee is deemed to have been required to work will be paid, and if they were rostered onboth days are worked, or on-one day at the election of the Employee must be paid at the Public Holiday penalty rates. 27.7 For designated trading days on a Public Holiday, as a first step the Employer will call and actually called in for volunteers to work. They If, however, there are not deemed insufficient volunteers, to have been required the extent permitted by the Fair Work Act, the Employer will nominate Employees to work if they were on-call but not called back and such Employees will be required to work. b) Where an employee 27.8 For part-time Employees it is agreed that rosters should not required be altered to work that Saturday avoid penalties or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003payment for Public Holidays. c) Should 27.9 The Employer will not change an Employee’s roster to avoid payment for a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 (i) The following days public holidays shall be observed granted as public holidayswhole holidays where they fall on days that would otherwise be working days for employees: New Year's Day 2 January ’s Day, 2nd January, Anniversary Day, Waitangi Day Day, Good Friday Friday, Easter Monday Monday, ANZAC Day Sovereign's Birthday Day, King’s Birthday, Matariki, Labour Day Day, Christmas Day and Boxing Day Anniversary Day Day. (ii) The agreement to work on public holidays as observed in required shall be between the locality concerned)employer and each employee on an individual basis. 10.2 The following shall apply to the observance of (iii) Where New Year’s Day, 2nd January, Christmas Day, Boxing Day, New Year’s Waitangi Day or 2 January, where such a day falls and ANZAC Day fall on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or and/or Sunday and these days would not be otherwise working days, the public holidays shall transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the immediately following Monday and/or Tuesday in accordance with the provisions of Sections 45 Holidays Act 2003. (1iv) (b) Where New Year’s Day, 2nd January, Christmas Day, Boxing Day, Waitangi Day and (d) of ANZAC Day fall on a Saturday or Sunday and these days would be otherwise working days, the public holidays shall be Saturday and/or Sunday in accordance with the Holidays Act 2003. c(v) Should a public holiday fall on a weekend, and an employee is Where employees are not required to work on both any of the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for holidays specified it being a public holiday, day that would otherwise be a working day day, the employer shall pay not less than employees' relevant daily pay for the employeethat day. 10.4 When (vi) Where employees are required to work on any of the public holidays specified excluding Christmas Day, being a day that would otherwise be a working day, employees shall be paid one and half times the portion of the relevant daily pay that relates to the time actually worked on the day. Employees shall also become entitled to an alternative holiday of a whole paid day off work. (vii) Where employees are required to work on Christmas Day, being a day that would otherwise be a working day, employees shall be paid double the portion of the relevant daily pay that relates to the time actually worked on the day. Employees shall also become entitled to an alternative holiday of a whole paid day off work. (viii) Where employees work on any of the public holidays specified, being a public holiday as provided above they will day that would not otherwise be a working day, employees shall be paid at double the ordinary hourly rate portion of the relevant daily pay (T2) for each hour that relates to the time actually worked on the day plus half that amount again and they shall not be granted entitled to an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a(ix) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time an employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls 50% or more than 40% of the time over the last three months. Payment will be relevant daily paytwelve (12) weeks. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The (a) For the purpose of this Agreement the following days shall be observed as deemed to be public holidays, viz: New Year's Day 2 January Waitangi Day Day; Australia Day; Good Friday; Easter Saturday; Easter Sunday, Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day; and any other day duly proclaimed and observed as a public holiday within the area in which the place of employment is situated. (i) In addition to those public holidays specified in subclause (a), Caregivers shall be entitled to an extra public holiday each year. Such public holiday shall occur on the day on which August Bank Holiday is observed, or at the election of the Employer may be transferred as an additional public holiday to a day between Christmas and New Year. (ii) Any individual Employer wishing to transfer the August Bank holiday shall nominate before 1 July of each calendar year the day on which the additional public holiday is to be observed. Such date shall occur within the days Monday to Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day inclusive and shall not coincide with a date that is already a gazetted public holiday for that calendar year. Once such an election is made, such date then becomes the date on which the additional public holiday is to be observed for all workers in that establishment covered by this Agreement. (as observed iii) The foregoing does not apply in the locality concerned)areas where in each year:- 10.2 The following shall apply (1) A day in addition to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: eleven (11) named public holidays specified in subclause (a) Where an employee is proclaimed and observed as a public holiday; or (2) Two half-days in addition to the eleven (11) named public holidays specified in subclause (a) are proclaimed and observed as half-public holidays. (c) Public holidays shall be allowed to Caregivers without loss of ordinary pay. (d) A Caregiver who is required to and does work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a any public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted prescribed in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holidaythis clause, shall be paid at public holiday rates in lieu of all other shift allowances, weekend penalty rates, or casual loading , as follows: (iii) Full-time Caregivers: (1) double time and a half for those hours which occur on such time worked (2) alternatively, time and a half for such time worked and one ordinary working day added to the public holiday and period of CPH leave (paid leave to be taken by agreement with the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedEmployer). 10.7 Off duty day upon which the employee does not work: a(iv) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a Permanent part-time employee’s days of work are fixedCaregivers: (1) double time and half for all time worked; (2) alternatively, the employee shall only be entitled to public holiday provisions if the day would otherwise Caregiver so elects - time and a half for all time worked and the equivalent number of hours worked added to CPH leave (paid leave to be a working day for that employee. Where a part-time employee’s days are not fixed, taken by agreement with the employee Employer). (v) Casual Caregivers shall be entitled to public holiday provisions if they worked on paid at the day rate of the week that the public holiday falls more than 40% of the double time over the last three months. Payment will be relevant daily payand one half for all time worked. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Health Professionals and Support Services Enterprise Agreement

Public Holidays. 10.1 The following days This clause specifically provides for entitlements to public holidays. Public holiday payment shall be based on the nominal daily hours at the employee’s ordinary rate of pay or pro-rata for part-time employees. The public holiday will be observed as on the day on which it falls. Public holidays will be allowed to full-time and part-time employees (provided that for a part time employee, the employee is normally rostered to work on the day on which the public holiday falls) without deduction of pay for the following public holidays: New Year's Day 2 January Waitangi Day ’s Day, • Australia Day, • Good Friday Friday, • Easter Monday ANZAC Day Sunday • Easter Monday, • Anzac Day, • Labour Day, • Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of ’s Birthday, • Christmas Day, Boxing Day, New Year’s Day • Exhibition or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where show day. If an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when and works on that day the employee shall receive their ordinary hourly rate for all hours worked in addition to their rostered public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees payment. If an employee is rostered work on a public holiday as provided above on which they would have otherwise not worked, the employee shall receive double their ordinary rate in addition to their public holiday payment. Casual employees working on a Public Holiday will be paid at double the only receive their ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holidayplus relevant casual loading. Such alternative A public holiday shall be taken and paid observed on the day on which it falls according to the calendar, unless another day is appointed by a Commonwealth or State Proclamation in substitution for that day as specified in the Holidays Act 2003. 10.5 An employee who day on which such holiday is on call on a public holiday as provided above, but is not called in to work, be observed generally. In such cases the day so appointed shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon on which the employee does holiday falls according to the calendar shall not work: a) Fulltime employees – For fulltime employees and where be a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 14.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Matariki Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 14.2 In order to maintain essential servicesservices to clients, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 14.3 When employees work on a public holiday as provided above they will be paid at double time and a half the ordinary time hourly rate of pay (T2T1.5) for each hour worked and they worked. The employee shall also be granted an alternative holiday, if the day would otherwise be a working day for the employee. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. This payment shall not be in addition to provisions in clause 9.5.3. 10.5 14.4 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday. In the case of a public holiday which is recognised on either a weekend day or a week day depending on the days the employee works, except where refer to the Holidays Act to identify whether the day in question constitutes a public holiday for that employee. Only one day is recognised for each public holiday. 14.5 In the case of night shifts which straddle a public holiday, it is agreed that the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in recognised on the day that the majority of the hours of the shift are worked. This is an agreement to partially transfer the holiday under section 44A of the Holidays Act 2003. 10.6 Act. Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One The alternative holiday shall apply in respect to the day in which the majority of each public holiday or part thereof hours are worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-14.6 Part time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay . When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Multi Employer Collective Agreement

Public Holidays. 10.1 The following days shall 29.1 All time worked on Public Holidays, whether all or part of the employee’s usual daily working hours, will be observed paid at the relevant Public Holiday rate of pay for that time worked on the public holiday. 29.2 Any time worked on a public holiday will count as a public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in holiday worked for the locality concerned)purposes of SAPSSEIA 6. 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:2.1.1 LIMIT ON PUBLIC HOLIDAY WORK a) Where an 29.3 An employee is may be required to work on public holidays as part of their normal working arrangements, provided that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause generally an employee is deemed to have been should not be required to work if they were rostered on, or onmore than 7 public holidays (not counting a ‘part-call and actually called day public holiday’) in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance any one calendar year except with the agreement of the holiday shall be transferred to the following Monday and/or Tuesday employee or in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.unavoidable circumstances. PUBLIC HOLIDAYS – EMPLOYEES ROSTERED OVER 6 DAYS c) Should 29.4 Where a public holiday fall on a weekend, and an full-time employee is required to work on both active duty over 6 days of the week including Saturdays and Sundays and a public holiday (other than a ‘part-day public holiday’) falls between Monday to Friday on a day which is their rostered day off that employee will be paid an additional day’s pay. 29.5 An employee who is entitled to an additional day’s pay is to be paid for the time that they would have usually worked on that day of the week on which the public holiday falls. 29.6 If the employer and the week day to which the observance is transferredemployee agree, in lieu of an extra day’s pay, the employee will be paid at weekend rates for the time worked given an alternative rostered day off, on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each working day immediately preceding or immediately following the public holiday, or as soon as practicable thereafter. PUBLIC HOLIDAYS – CORRECTIONAL AND CORRECTIONAL INDUSTRY OFFICERS 29.7 This clause applies to employees to whom the SA Public Sector Salaried Employees Interim Award “Part 9 – Special Conditions for Employees Employed as Correctional Officers” applies. 10.3 29.7.1 In order relation to maintain essential servicesClause 9.9 of the SAPSSEI Award, the employer may require an employee Appendix 7 prescribes arrangements for designating employees as “stood down” and thus not required to work on a particular public holiday when the public holiday falls on (other than a ‘part-day which, but for it being a public holiday, would otherwise be a working day for the employee’). 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 a) The following days shall be observed as public holidays: ; New Year's Day 2 January ’s Day, 02 January, Waitangi Day Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Anzac Day, the birthday of the reigning Sovereign's Birthday , Xxxxxxxx (effective 24 June 2022), Anniversary Day, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required Employees agree to work that Saturday or Sunday, observance on any of the holiday above holidays where so asked by the Employer and shall be transferred to paid at T2.0 for the following Monday and/or Tuesday in accordance with time actually worked on the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003holiday. c) Should a public holiday fall on a weekend, and Where an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work Employee works on a public holiday when the public holiday falls on a and that day which, but for it being a public holiday, that would otherwise be a normal working day for them the employeeEmployee shall be allowed an alternative day’s holiday paid for at the Employee’s relevant daily rate, to be taken within 12 months. The Employee may request the Employer to exchange the entitlement to an alternative holiday for payment after 12 months have passed since the Employees’ entitlement to an alternative holiday was earnt and this request must be in writing. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2d) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees Employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each the public holiday or part thereof worked. 10.7 Off duty e) If the public holiday falls on a weekend the Employee will be paid for the actual day upon worked, if they also work on the Monday (which is Mondayised) the employee does Monday becomes a normal working day for that person. If an Employee did not work: a) Fulltime employees – For fulltime employees and where work the ‘actual’ public holiday but is working the Monday this will be treated as a public holidayholiday and paid at the rates specified in this agreement, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that leave day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidayaccrued. bf) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employeeEmployee’s days are not fixed, the employee Employee shall be entitled to public holiday provisions provision if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: ag) Leave on pay When a public holiday falls during a period of Alternate leave days accrued shall be used/paid in the first instance before annual leave, sick . Payment for alternative leave days shall be paid at the relevant daily pay of the day on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavethey are taken.

Appears in 1 contract

Samples: Single Employer Collective Agreement

Public Holidays. 10.1 11.1 The following days shall be observed as paid public holidaysholidays if they fall on a day that would otherwise be a working day for the employee: ▪ The day after New Year's Day 2 January ▪ New Year's Day ▪ Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day ▪ Applicable Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of 11.2 Where Christmas Day, Boxing Day, New Year’s Day, 2nd January, Waitangi Day or 2 January, where such a ANZAC Day (or any other day as prescribed by The Holidays Act) falls on either a weekend and that day: • is otherwise a working day for the Employee then the public holiday is treated as falling on the day it actually falls; • is not otherwise a working day for the Employee and is a Saturday or a Sunday: a) Where an employee then that public holiday is required to work that Saturday or Sunday treated as falling on the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occurfollowing Monday. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work otherwise a working day for the Employee and is a Sunday on which Boxing Day or 2nd January actually falls then that Saturday Boxing Day or Sunday, observance 2nd of the holiday shall be transferred to January is treated as falling on the following Monday and/or Tuesday in accordance with Tuesday. • is not otherwise a working day for the provisions of Sections 45 (1) (b) Employee and (d) of is a Sunday on which Waitangi Day or ANZAC Day falls then that Waitangi Day or ANZAC Day is treated as falling on the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an following Monday. • Any employee who is required to work on both New Year’s Day, 2nd of January, Christmas Day, Boxing Day, Waitangi Day or ANZAC Day when those holidays fall on a Saturday or Sunday and is required to work on the days on which they are observed shall receive the public holiday and penal payment for the week day to actual days on which the observance is transferredthey fall, the employee will be paid at weekend rates penal payment for the time worked days on the weekday/transferred holiday. Only one alternative holiday will be granted which they are observed and a day in respect of lieu for each public holidayholiday worked. 10.3 In order 11.3 The employee agrees to maintain essential services, the employer may require an work on public holidays if requested to do so. 11.4 If a rostered employee required to work on a public holiday when as part of the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday normal roster (i.e. not as provided above they will overtime) shall be paid at double the ordinary hourly rate of pay time one (T2T1) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003addition to normal salary. 10.5 An 11.5 If the employee who is required to work or is on call on a public holiday as provided above, but the employee(s) is not called in also entitled to work, shall be granted an alternative day’s holiday. 11.6 If the employee is entitled to an alternative holiday it is to be a whole working day off to be taken on a day agreed by the employer and the employee. If no agreement is reached, except where then the employee may within 12 months of becoming entitled to the alternative holiday determine when the day is to be taken (having taken into account the employer’s view and given not less than 14 days’ notice). After 12 months the employer may determine when the alternative holiday is to be taken having given the employee not less than 14 days’ notice or the parties may agree that the alternative holiday be exchanged for a payment to be agreed 11.7 Public Holidays falling during leave, time off, or off duty days will be taken and paid for in accordance with The Xxxxxxxx Xxx 0000. 11.8 When part time employees work fixed days (example every Monday to Wednesday) they will receive a day’s leave if a public holiday falls on a Saturday or Sunday one of those fixed days and its observance is transferred they work it. If they are not required to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty that day, then they will receive the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each paid public holiday. b) Part11.9 This clause shall only apply to employees employed under the “SCL-code”, MedLab South employees at Christchurch, and employees at Timaru, Xxxxxx and Marlborough. When part time employees – Where a part-time employee’s work full rotating shifts (i.e. work different set of days of work are fixedeach week - Monday to Thursday week 1, the employee shall only be entitled Tuesday to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee Friday week 2 and so on) they shall be entitled to paid all public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.holidays)

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Northland Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, Waitangi Day and ANZAC Day, where such a day falls on either a Saturday or a Sunday: a) 10.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 10.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 10.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above in sub clause 10.3 above, they will be paid at double T 1 for the ordinary hourly rate of hours worked in addition to their normal pay (T2) for each hour worked that day and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days Public Holidays shall be observed as public holidays: New Year's Day 2 January Waitangi Day Day, Family Day, Good Friday Friday, Easter Monday ANZAC Day Sovereign's Birthday Monday, Victoria Day, July Civic Holiday, Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Day, Thanksgiving Day, Christmas Day, Boxing Day, New Year’s Heritage Day or 2 Januaryif proclaimed. Each regular employee shall be entitled to three (3) additional days holiday with pay during the calendar year and such shall be mutually agreed to by the Supervisor and employee. However, where a request to take such a day falls holiday on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, Remembrance Day will be observed on that Saturday or Sunday and transfer of the observance will not occurgranted. These days may be taken in half days. For employees working other than an eight (8) hour day, the purposes number of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of hours scheduled for the holiday day on which the absence occurs shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 considered one (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When purpose of this clause. For those employees working a compressed work on a public holiday as provided week the number of hours deducted when using an additional day shall be the number of hours scheduled to be worked. One of the above they additional days will be paid designated by the Employer by December of the previous year. This designated day will be immediately before or after a Public Holiday unless otherwise determined subsequent to consultation at double the ordinary hourly rate of pay (T2) for each hour worked and they shall Committee. Should this day not be granted an alternative holiday. Such alternative holiday shall designated by the Employer the day may be taken subject to the convenience of the Department and paid as specified in applies only to employees who have completed three (3) months of continuous service. The benefit of the Holidays Act 2003. 10.5 An second and third additional days must be taken within the calendar year it is granted, applies only to employees who have completed three (3) months' continuous employment service, and is taken at the request of the employee who is on call on a public holiday as provided aboveand subject to the convenience of the department. When Christmas, but is not called in to work, shall be granted an alternative holiday, except where the public holiday New Year's Day or July falls on a Saturday or Sunday and its observance is transferred to a Sunday, the following Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid observed as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur Public Holiday. When Christmas falls on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, the following Tuesday shall be observed as the Boxing Day Public Holiday. When Christmas falls on the employee’s rostered off duty daya Friday, the employee following Monday shall be granted an alternative holiday at observed as the Boxing Day Public Holiday. When a later date. In the event of Christmas DayPublic Holiday occurs during a vacation period, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled charged to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay"Public Holiday" and not to employee's vacation time. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following Employee will be entitled to 11 public holidays per year, in addition to annual leave. These days shall will be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed those specified in the locality concerned)Holidays Xxx 0000. Where the Public Holiday falls on a day that the day in question would otherwise be a working day for the Employee, the Employee will be entitled to be paid for that Public Holiday. 10.2 The Employer will be entitled to require the Employee to work on a public holiday. Where such a day is worked, the Employee will be paid at the rate of one and a half times their relevant daily pay for the hours actually worked and will also receive an alternative paid holiday of one day at a later date, the timing of which is to be determined by agreement between the Employer and the Employee. The Employee must give the Employer at least 14 days’ notice of the intention to take an Alternative Holiday. In the absence of agreement between the Employer and Employee, it will be decided in accordance with the Holidays Xxx 0000. For clarification “required to work” does not include voluntary shift swaps amongst staff. 10.3 Where a public holiday falls on a day that would otherwise be a working day for the Employee and the Employer does not require the Employee to work, the Employee will be paid relevant daily pay for that day. 10.4 Where a public holiday falls on a day that would not otherwise be a working day for the Employee and the Employee does not work that day, the Employee will not be paid for that day. 10.5 Transfer of public holidays over Christmas and New Year 10.5.1 If any of the following shall apply to the observance of Christmas public holidays being Xmas Day, Boxing Day, New Year’s Years’ Day or and 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a Saturday and the day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday must be treated as falling on that day: (b) falls on a Saturday or Sunday and its observance is transferred to the day would not otherwise be a Monday or Tuesday which working day for the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holidayemployee, shall be paid at public holiday rates for those hours which occur on the public holiday and must be treated as falling on the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not workfollowing Monday: a(c) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that the employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday must be treated as falling on that day: (d) falls on a Sunday and the day would not otherwise be a working day for the employee, the public holiday must be treated as falling on the following Tuesday. 10.5.2 To avoid doubt, this does not entitle an employee to more than 40% of four public holidays for the time over the last three months. Payment will be relevant daily paydays listed in part (1) above. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Employment Agreement

Public Holidays. 10.1 12.1 The following days shall be observed in accordance with the Xxxxxxxx Xxx 0000 as public holidaysholidays without deduction from pay: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day and the day following, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the birthday of the reigning Sovereign, Labour Day, and the Provincial Anniversary Day. 12.2 All time worked on a public holiday, except Christmas Day (25 December) and Good Friday, shall be paid for at the normal rate of pay plus half time extra (time and a half). This includes any time worked on New Year’s Day after 2.45pm. Time worked on Christmas Day (25 December) and Good Friday shall be paid at double the normal rate of pay. 12.3 Time worked between 2.45pm on 31 December, and 2.45pm on 1 January shall be paid at double the normal rate of pay. 12.4 Where a public holiday falls on a day on which the employee would otherwise have worked, such holiday shall be so observed or if the employee works on that day, the employee shall be entitled to an alternative paid holiday to be taken on another day agreed as between the employer and employee. That alternative paid holiday shall be taken or paid according to statute. 12.5 In the event of either Christmas Day or Boxing Day, New Year's Day or 2 January, where such a day falls January falling on either a Saturday or a SundaySunday those public holidays shall be treated as follows: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when 12.5.1 If the public holiday falls on a day which, but for it being Saturday or a public holiday, Sunday and one or both of those days would otherwise be a working day for the employee. 10.4 When employees work on a , then the public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken observed and paid treated as specified in the Holidays Act 2003falling on that day. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where 12.5.2 If the public holiday falls on a Saturday or Sunday and its observance is transferred to the day would not otherwise have been a Monday or Tuesday which working day for the employee also works. Such alternative the public holiday shall be taken observed and paid treated as specified in falling on the Holidays Act 2003following Monday. 10.6 12.5.3 If the public holiday falls on a Sunday and the day would not otherwise be a working day of the employee the public holiday shall be observed and treated as falling on the following Tuesday. 12.6 For the avoidance of doubt an employee who works more than one shift within a day which is observed as a public holiday shall only be entitled to one day's alternative paid holiday. 12.7 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One . 12.8 In the event that the alternative day of the holiday shall apply in respect worked has not been utilised within 12 months of each it being granted, the employee may request and the employer may agree to exchange the alternative day for an equivalent cash payment. 12.9 Where an employee is rostered to work on a public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty daywilfully defaults, the employee shall not be granted entitled to any payment. 12.10 An employee shall not be paid for any public holiday which falls on a day of the week on which she/he is not normally employed. Where a public holiday falls on a day that an employee is not normally required to work and where the employee agrees to work that day they shall not be entitled to an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public paid holiday. b) Part-time employees – 12.11 Where a part-time employee’s days of work are fixedan employee who works rotating shift patterns, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked works on the day of the week that the public holiday falls more than 4050% of the time over the last three months. Payment will months on their normal roster, they shall be entitled to be paid for that public holiday at the relevant daily paypay for their normal rostered shift. 10.8 12.12 Public holidays falling during leave: a) 12.12.1 Leave on pay Pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Employment Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of 20.1. Employees who work on Christmas Day, Boxing Day, New Year’s Day, the day following New Year’s Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the birthday of the reigning Sovereign, Labour Day, Matariki, Anniversary Day (or 2 January, where such a day falls in lieu thereof) shall be paid the penal rates specified in the Schedule of Wages and Allowances for all hours worked on either a Saturday or a Sunday: a) Where an employee is such days. In addition, employees who are required to work that Saturday or Sunday on the above public holidays shall be entitled to an alternative holiday shall, for that employee, be observed working on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to these days if it would have otherwise been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to worka working day. b) 20.2. Where an employee is not required to work on one of the holidays referred to in 18.1, it being a day that would otherwise have been a working day for the employee, the employee shall be paid their relevant hourly/daliy rate of pay for that day. 20.3. In the case of part time employees who do not work a regular pattern or fixed shifts they must have worked on that day fifty percent or more of the time in the last six weeks for the day to be considered an otherwise working day. 20.4. Where any of the holidays specified in 20.1 of this clause occur during the currency of the full-time employees’ annual holiday, these employees shall have these public holidays paid and not taken from their annual holiday entitlement. 20.5. Where Christmas Day (25 December) and New Year Day (01 January) fall on a Saturday or Sunday, observance of Sunday the holiday following shall apply: (a) An employee who works on the Saturday or Sunday which would otherwise be a working day for the employee on which Christmas Day and/or New Year’s Day falls shall be transferred paid double their relevant hourly rate (T2) for all hours worked, and will have entitlement to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) an alternative holiday for working on these days. (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an An employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked who works on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential servicesofficially recognised Christmas Day and/or New Year Day i.e. the transferable day, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, which would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will , shall be paid at double the ordinary their relevant hourly rate of pay (T2) for each hour all hours worked and they shall be granted will have entitlement to an alternative holidayholiday for working on these days. 20.6. Such The parties agree that alternative holiday days shall be taken within six months following the public holiday. An alternative day is to be taken by the employee on a day that is agreed between the Employer and paid as specified in the Holidays Act 2003employee. 10.5 An employee who 20.7. If both parties cannot agree on when an alternative holiday is on call to be taken, then the day may be taken: (a) on a public holiday date determined by the employee, taking into account the Employer’s view as provided above, but to when it is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which convenient for the employee also works. Such alternative holiday shall be taken and paid as specified in to take the Holidays Act 2003day. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder (b) within 12 months of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, entitlement to the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidayhaving arisen. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Employment Agreement

Public Holidays. 10.1 12.1 The following days shall be are observed as public holidays: New Year's Day 2 January The day after New Year's Day Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Taranaki Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply Any employee required to the observance of work on New Year’s Day, 2ND January, Christmas Day, Boxing Day, New Year’s Waitangi Day or 2 January, where such a day falls Anzac Day when these holidays fall on either a Saturday or a Sunday: a) Where an Sunday will receive the public holiday penal payment and a day in lieu. Any employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee who is not required to work that Saturday on New Year’s Day, 2nd January, Christmas Day Boxing Day, Waitangi Day or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday Anzac Day when those holidays fall on a weekend, and an employee Saturday or a Sunday but is required to work on both the days on which they are observed will receive the public holiday penal payment and a day in lieu. Any employee who is required to work on New Year’s Day, 2nd of January, Christmas Day, Boxing Day, Waitangi Day and Anzac Day when those holidays fall on a Saturday or Sunday and is required to work on the week day to days on which they are observed will receive the observance is transferredpublic holiday penal payment for the actual days on which they fall, the employee weekend penal payment for the days on which they are observed and a day in lieu for each public holiday worked. 12.2 You may be required to work on any of the public holidays listed in clause 12.1 above, if directed to by the employer. You will only be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work that you do on a public holiday when the where your manager has directed you to work on that day. 12.3 Where a public holiday falls on a day which, but for it being a public holiday, that would otherwise be a working day for the employee. 10.4 When employees you, and you do not work on a public holiday as provided above they that day, you will be paid at double the ordinary hourly rate of your relevant daily pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003that day. 10.5 An employee who is on call on 12.4 Where a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for you, and you are directed to and do work on that employee. Where a part-time employee’s days are not fixedday, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment you will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.paid in accordance with clause

Appears in 1 contract

Samples: Collective Employment Agreement

Public Holidays. 10.1 The following days Employees shall be observed as public holidays: entitled to the following gazette Public Holidays: (i) New Year's Day (ii) Australia Day (iii) Good Friday (iv) Easter Saturday (v) Easter Sunday (vi) Easter Monday (vii) Anzac Day (viii) Sovereign’s Birthday (ix) Six-Hour Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday or local Labour Day Christmas Day Boxing Day Anniversary Day Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of x) Christmas Day, (xi) Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Christmas Day and/or Boxing Day fall on a Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or and/or Sunday, observance of the holiday shall be transferred to then the following Monday and/or Tuesday will be observed as holidays in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekendtheir place, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday New Year's Day falls on a Saturday or Sunday and the following Monday will be observed as the holiday in its observance is transferred place. (b) In addition to a Monday or Tuesday which the employee also works. Such alternative holiday shall above, the Employees covered by this Agreement will be entitled to one extra day of leave to be taken and paid as specified in by agreement with the Holidays Act 2003Team Leader or Plant Manager. 10.6 Those employees who (c) Where a public holiday falls on a Friday, the Thursday before the public holiday will be worked at 6 ordinary hours. (d) Where the NSW Government by Act of Parliament or Proclamation gazettes an additional public holiday during the year, that public holiday will be observed as such under this Agreement. (e) An employee required to work a night shift which straddles on a public holiday, shall where that holiday is not part of their normal rostered shift, will be paid at as per Clause 40 of this Agreement. (f) Subject to the requirements of the Fair Work Act 2009 (Cth), all employees are required to be present for all shifts for which they have been rostered to work, including public holiday rates for those hours which occur holidays (g) An employee may be absent from work on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, before or the employee shall be entitled to public holiday provisions if they worked on the working day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When after a public holiday falls during a period with reasonable excuse or with the consent of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leavethe Company.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 The following days shall be observed 6.4.1 Public holidays are as public holidaysfollows: Christmas Day Boxing Day New Year's ’s Day 2 Second day of January (or some other day in its place) Waitangi Day Good Friday Easter Monday ANZAC Anzac Day Sovereign's Queen’s Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed or some other day in its place). 6.4.2 Where the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing DayChristmas, New Year’s Day ’s, Waitangi or 2 January, where such Anzac holidays fall on a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public , the relevant holiday as provided above they will be paid at double treated as falling on that day. Where the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided aboveChristmas, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls New Year’s Waitangi or Anzac holidays fall on a Saturday or Sunday and its observance it is transferred to not a working day for the employee, the relevant holiday will be “Monday-ised” i.e. observed on the following Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Tuesday. 10.6 Those 6.4.3 Employees agree to work on public holidays where operational needs require. Where employees who are required to work a night shift which straddles on a public holiday, they will be paid time and a half (T1½) for the hours worked. In addition, where the public holiday is an ordinary working day for the employees, they will be entitled to a paid day off in lieu, to be taken at an agreed time. 6.4.4 For employees who do not work on public holidays, they shall be paid at public holiday rates their usual salary for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof workedthat day, where that day would otherwise have been a working day. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – 6.4.5 Where a partfull-time employee’s days of work are fixeddetermined by a permanent roster that excludes Monday as a day of work, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, Ministry will allow the employee shall be entitled to public take an alternative holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When where a public holiday falls during and is observed on a period Monday. Generally, the alternative holiday in lieu of annual leavethe public holiday should be taken within a month of entitlement. Where the employee and their manager cannot agree on the day that the alternative holiday will be taken, sick leave the manager will make the final determination.roster and a Statutory Public Holiday falls on pay or special leave on pay, an a day where the employee is entitled not rostered to that holiday which work, they shall be granted an alternative day in lieu. The intent of this clause is not debited against such leavefor all full-time rostered workers to attain the equivalent of 11 Statutory Public Holidays.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 27.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 27.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. (c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates their ordinary hourly rate of pay (T1) for the time worked on the weekday/transferred holiday. In a call-back situation, the callback rates identified in clause 8.0 shall apply. Only one alternative holiday will be granted in respect of each public holiday. 10.3 27.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 27.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 27.5 An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 27.6 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 27.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 27.8 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Multi Employer Collective Agreement (Meca)

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Relevant regional Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or Day, 2 January, Waitangi Day, or ANZAC Day where such a day falls on either a Saturday or a Sunday: a) 10.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 10.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) 10.2.3 Should a public holiday Christmas Day, Boxing Day, New Year Day or 2 January fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above in sub clause 10.3 above, they will be paid at double T 1 for the ordinary hourly rate of hours worked in addition to their normal pay (T2) for each hour worked that day and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Dietitians' Collective Agreement

Public Holidays. 10.1 The Holidays Act 2003 shall apply except where otherwise provided. 5.1.1 The following days shall be observed as public holidaysholidays and paid in accordance with the provisions set out below: Christmas Day Boxing Day New Year's Years Day 2 January The day after New Years Day Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Easter Tuesday ANZAC Day Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)concerned In addition, the three working days between Christmas and New Year shall be granted as Board Holidays. 10.2 The following shall apply to 5.1.2 In the observance event of Christmas a public holiday (excluding ANZAC and Waitangi Day, Boxing Day, New Year’s Day ) or 2 January, where such a day falls Board Holiday falling on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the , such holiday shall, for that employee, shall be observed on that Saturday or Sunday the following Monday, and transfer in the event of another holiday falling on such Monday then the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the whole holiday shall be transferred to observed on the following Monday and/or Tuesday succeeding Tuesday. 5.1.3 Employees shall be paid for the public holidays listed in 5.1.1 above on the basis of the hours they would normally work on the day of the week on which the public holiday is observed. 5.1.4 An employee whose employment is terminated (including expiry of a fixed term agreement) but whose final day of work is notionally extended by any annual leave holiday entitlement (in accordance with the provisions of Sections 45 (1) (b) and (d) s40 of the Holidays Act 2003. c) Should to include a public holiday fall falling on a weekendday normally worked would receive the relevant daily pay for that day. 5.1.5 Except as provided in 5.1.3 and 5.1.4 above, and it is not intended that an employee is required to work specifically on both the public holiday and the week day to which the observance is transferred, the employee will leave without pay would be eligible for a paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an 5.1.6 An employee who is required to work on a public holiday when shall be paid at the rate of time and one half of their relevant daily pay for all time worked. If the public holiday falls the employee works on is a day which, but for it being a public holiday, that would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public a paid alternative holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will to be relevant daily paytaken at a subsequent mutually agreed date. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Specialist and Support Staff Collective Agreement

Public Holidays. 10.1 (i) The following days shall be observed as public holidays: New YearYears day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Birthday, Eight Hour Day, Christmas Day, Boxing DayDay and all days proclaimed as public holidays for the state, New Year’s Day or 2 January, where such provided that any proclaimed as a holiday for the state for a special purpose but observed throughout the state on different days also shall be a holiday. (ii) Every employee will be required to complete their rostered shift unless by mutual agreement with the Company they may then be released from the said rostered shift. (iii) Where a public holiday occurs on a day falls on either a Saturday or a Sunday: a) Where an employee is required not rostered to work that Saturday or Sunday the holiday shallof a seven-day shift worker (as defined), for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work then if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where such an employee is not required to work on that Saturday or Sundayday the employer shall pay such employee twelve hours ordinary pay in respect of such day; provided further that the employer may, observance in lieu of the holiday payment of twelve hours ordinary pay prescribed in this subclause, add a day to the annual leave entitlement of the employee concerned. Any day or days added to an employee’s entitlement to annual leave in accordance with this subclause shall be transferred the working day or working days immediately following the annual leave period which the employee is entitled to under Clause 18, Annual Leave. Where the following Monday and/or Tuesday employment of a seven-day shift worker has been terminated and such employee thereby becomes entitled under Section 4 of the Annual Holidays Act 1944 New South Wales, to payment in lieu of an annual holiday, with respect to a period of employment, the employee shall be entitled also to an additional payment for each day accrued under this subclause, at the appropriate ordinary rate of pay, if payment has not already been made in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003this subclause. c(iv) Should Provided that any employee whose roster is changed with the intent of avoiding or reducing payment due or the benefit applicable under this clause and who would, but for the change of roster, have been entitled otherwise to a payment or benefit for a public holiday fall or holidays shall be paid for such holidays as if the roster had not been changed. (v) An employee absent without leave on the day before or the day after a weekendholiday shall be liable to forfeit wages for the day of the absence as well as for the holiday except where the Company is satisfied that the employee's absence was caused through illness in which case wages shall not be forfeited for the holiday, provided that an employee absent on one day only either before or after a group of holidays, shall forfeit wages only for one holiday as well as for the period of absence. (vi) All rostered ordinary hours worked on any of the holidays prescribed in subclause (i) hereof shall be paid for at the rate of double time and one half with a minimum payment of three hours. (vii) In addition to the holiday prescribed in subclause (i) of this clause, weekly employees shall be entitled to an additional holiday without loss of pay, and this day shall be known as the picnic day, on the first Monday of August in any year. (viii) Where the Company remains open and an employee is required volunteers to work on both the public holiday picnic day, such employee shall then be given another day off without loss of pay or an additional day's pay at ordinary hourly rates. Such alternate day shall be given and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls taken on a day which, but for it being a public holiday, would otherwise be a working day for which is mutually agreed between the Company and the employee. 10.4 When employees work (ix) Provided that in no circumstances shall an employee forfeit entitlement to an additional holiday and should such extenuating circumstances where the day is not taken as prescribed above it must be given and taken on a public holiday as provided above they will be paid at double the ordinary hourly rate day without loss of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003at a mutually acceptable time. 10.5 An employee who (x) Provided further that where an employee's employment is on call on a public holiday as provided above, but is not called in terminated prior to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder taking of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty such alternate day, the employee shall be granted receive an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling additional day's pay on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidaytermination. b(xi) Part-time Provided further that employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on annual leave or long service leave on the day referred to in this subclause. A lieu day will be granted and may be taken at a mutually acceptable time. (xii) For the purpose of this clause any employee whose ordinary hours of work commence before and continue past midnight shall be regarded as working on a holiday only if the greater number of the week employee's working hours fall on the holiday, in which case the time worked shall be regarded as holiday work. (xiii) Provided that the if ordinary time worked is equally split between a non public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When and a public holiday falls during AND the shift commenced on a period non public holiday then payment shall be made in accordance with hours worked i.e. half ordinary time and half ordinary time plus public holiday penalty. If however commencement of annual leave, sick leave the shift occurred on pay or special leave on pay, an employee a public holiday then payment shall also be made in accordance with hours worked and there is entitled no entitlement to that payment of public holiday which is not debited against such leavepenalty rates for the entire shift.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 27.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 27.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, Waitangi Day, Labour Day and Anzac day where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. (c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates their ordinary hourly rate of pay (T1) for the time worked on the weekday/transferred holiday. In a call-back situation, the callback rates identified in clause 8.0 shall apply. Only one alternative holiday will be granted in respect of each public holiday. 10.3 27.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 27.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 27.5 An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 27.6 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 27.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 27.8 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 16.1 Christmas Day, Boxing Day, New Years Day, 2 January, Good Friday, Easter Monday, the birthday of the reigning sovereign, Matariki, Labour Day, Otago Anniversary Day, Waitangi Day and ANZAC Day are paid public holidays when they fall on a day that would otherwise be a working day for the employee. 16.2 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall will apply to the observance of Christmas Day, Boxing Day, New Year’s Day or Years Day, 2 January, Waitangi Day and ANZAC Day, where such a day falls on either a Saturday or a Sunday: a(i) Where an employee is required to work that Saturday or and/or Sunday would otherwise be a working day for the employee, the public holiday shallwill, for that employee, be observed on that Saturday or and/or Sunday and transfer of the observance of the public holiday will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b(ii) Where an employee is not required to work Where, in any other instance, that Saturday or Sundayand/or Sunday would not otherwise be a working day for the employee, observance of the holiday shall will be transferred to the following Monday and/or Tuesday Tuesday. In that case, the employee will receive no payment for the Saturday and/or Sunday. 16.3 In order to maintain essential services, the employer may require the employee to work on a day a public holiday is observed (including a transferred day) if that day would otherwise be a working day for the employee. 16.4 If the employee is required to work on a day a public holiday is observed (including a transferred day), the employee will be paid at double their ordinary hourly rate of pay (T2) for each hour worked and will be granted an alternative holiday. Such alternative holiday will be taken and paid as specified in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an 16.5 If the employee is required to work on both the a day a public holiday is observed and is also required to work on the week day to which observance of the observance public holiday is transferred, the employee will be paid at weekend rates in accordance with clause 10.4 for the time worked on the weekday/transferred holidaypublic holiday and at weekend rates in accordance with clause 10.2(ii) for time worked on the corresponding week day. Only For the avoidance of doubt, only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Medical Imaging Technologists Collective Agreement

Public Holidays. 10.1 The (a) Employees are entitled to holidays on the following days shall be observed as public holidays: days: (i) New Year's Day 2 January Waitangi Day Day, (ii) Australia Day, (iii) Good Friday Friday, (iv) Easter Monday ANZAC Day SovereignSaturday, (v) Easter Monday, (vi) Anzac Day, (vii) Queen's Birthday Birthday, (viii) Labour Day Day, (ix) Christmas Day Day, (x) Boxing Day Anniversary Day Day, (xi) An additional day to be taken by mutual agreement or as observed requested by the site manager. This day is not cumulative and will be forfeited if not taken in the locality concerned) 10.2 The following shall apply calendar year for which it is due, together with any other day declared by or under a law of New South Wales to the observance of Christmas Day, Boxing Day, be observed generally within New Year’s Day or 2 January, where such a day falls on either a Saturday South Wales or a Sunday: a) Where an employee is required to work region of New South Wales that Saturday or Sunday includes the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workPlant. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and For seven day shift workers (dincluding seven day rotating shift workers) any other day declared by or under a law of New South Wales referred to in sub-clause (a) above does not include alternative days that may be declared for the Holidays Act 2003. cdays listed in sub-clause (a) Should a public holiday fall because the day in question falls on a weekend. For example, if Boxing Day falls on a Saturday and an employee the alternative declared day is required to work on both the following Monday, Saturday is still the day which will be considered the public holiday and not the week day Monday. (c) Subject to the requirements of the Workplace Relations Act 1996 (Cth), all employees are required to be present for all shifts for which the observance they have been rostered to work, including public holidays. Provided that there is transferredno planned production for Christmas Day, the Anzac Day and Good Friday. (d) In order to qualify for public holiday payments, an employee will be paid at weekend rates for the time must have worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each employee’s normal rostered shift preceding and following the public holiday, except in the case of approved leave. If these normal rostered shifts are not worked in relation to a group of holidays, an employee shall forfeit a maximum payment of only one day. 10.3 In order to maintain essential services, the employer may require an employee to work (e) Employees rostered off on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they prescribed in sub-clause (a) will be paid for the normal hours component of a rostered shift at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holidaynormal time. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to For a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment Friday worker this will be relevant daily pay7.6 hours at his/her base rate. For a seven day shift worker (including seven day rotating shift workers) it will be 10.4 hours at his/her paid rate. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Workplace Agreement

Public Holidays. 10.1 The (a) An employee will be entitled to holidays on Victorian Gazetted Public Holidays on the following days days: (i) Where Christmas Day falls on a Saturday or a Sunday, 27 December shall also be observed as a public holidays: holiday. (ii) Where Boxing Day falls on a Saturday or a Sunday, 28 December shall also be observed as a public holiday. (iii) Where New Year's Day 2 January Waitangi Day Good Friday Easter falls on a Saturday or a Sunday, the following Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day shall also be observed as a public holiday. (as observed b) Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 34(a), those days will constitute additional holidays for the locality concerned)purpose of this Agreement. 10.2 (i) the Company and employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement. (ii) An agreement pursuant to 34(b)(i) will be recorded in writing and be available to every affected employee. (iii) An employee, other than a casual employee will be entitled to the above mentioned holidays without loss of pay. A part time employee who is not rostered to work on a day when a public holiday falls, shall not be entitled to the above mentioned holidays without loss of pay (c) Sunday and public holiday work (i) The following shall provisions of this clause will apply to full-time, part-time or temporary employees. (ii) An employee will be paid double time for all work on a Sunday. An employee will be paid double time and a half for all work on a public holiday, with the observance exception of Christmas Day, Boxing Day, New Year’s Anzac Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, & Good Friday which will be paid at triple time for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workall hours worked. b(iii) Where an An employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the a Sunday or public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect a minimum of each public holidayfour hours work. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 11.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 11.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 11.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 11.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 11.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 11.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees 11.4 An employee required to work on a public holiday (not as provided above they will overtime) shall be paid at double the ordinary hourly rate of pay time one (T2T1) for each hour worked in addition to normal salary, and they shall is also to be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in a day’s leave on pay at a later date convenient to the Holidays Act 2003.employer 10.5 11.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 11.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 11.7 Off duty day upon which the employee does not work: a) 11.7.1 Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) 11.7.2 Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 16.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 16.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 16.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 16.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. c) 16.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates their ordinary hourly rate of pay (T1) for the time worked on the weekday/transferred holiday. In a call-back situation, the callback rates identified in clause 8 and schedule 4 shall apply. Only one alternative holiday will be granted in respect of each public holiday. 10.3 16.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 16.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 16.5 An employee who is required to be on call on a public holiday as provided abovepublic, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 16.6 Those employees who work a night shift which straddles a public holiday, holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 16.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 14.1 The following days shall be observed as public holidays: New Year's ’s Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's ’s Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). In accordance with the Holidays Amendment Xxx 0000, Waitangi Day and Anzac Day holidays are ‘Mondayised’ when they fall on a weekend. This is effective on Anzac Day 2015 and Waitangi Day in 2016. Where Waitangi Day or Anzac Day fall on a Saturday or Sunday, and that day is not otherwise a working day for an employee, then the public holiday will be treated as falling on the following Monday for that employee. For those who work weekends, the public holiday will continue to be recognised on the actual day. If an employee works on a day that is designated as a public holiday for them (either the weekend day or the Monday, depending on their normal working days), the employee will receive time and a half for the hours worked, and become entitled to an alternative holiday. 10.2 14.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, on or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. (c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 14.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 14.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 14.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 14.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 14.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full full-time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 14.8 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Employment Agreement

Public Holidays. 10.1 11.1 The following days shall be observed as paid public holidaysholidays if they fall on a day that would otherwise be a working day for the employee:  The day after New Year's Day 2 January  New Year's Day  Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day  Applicable Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of 11.2 Where Christmas Day, Boxing Day, New Year’s Day, 2nd January, Waitangi Day or 2 January, where such a ANZAC Day (or any other day as prescribed by The Holidays Act) falls on either a weekend and that day:  is otherwise a working day for the Employee then the public holiday is treated as falling on the day it actually falls;  is not otherwise a working day for the Employee and is a Saturday or a Sunday: a) Where an employee then that public holiday is required to work that Saturday or Sunday treated as falling on the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occurfollowing Monday. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work otherwise a working day for the Employee and is a Sunday on which Boxing Day or 2nd January actually falls then that Saturday Boxing Day or Sunday, observance 2nd of the holiday shall be transferred to January is treated as falling on the following Monday and/or Tuesday in accordance with Tuesday.  is not otherwise a working day for the provisions of Sections 45 (1) (b) Employee and (d) of is a Sunday on which Waitangi Day or ANZAC Day falls then that Waitangi Day or ANZAC Day is treated as falling on the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an following Monday.  Any employee who is required to work on both New Year’s Day, 2nd of January, Christmas Day, Boxing Day, Waitangi Day or ANZAC Day when those holidays fall on a Saturday or Sunday and is required to work on the days on which they are observed shall receive the public holiday and penal payment for the week day to actual days on which the observance is transferredthey fall, the employee will be paid at weekend rates penal payment for the time worked days on the weekday/transferred holiday. Only one alternative holiday will be granted which they are observed and a day in respect of lieu for each public holidayholiday worked. 10.3 In order 11.3 The employee agrees to maintain essential services, the employer may require an work on public holidays if requested to do so. 11.4 If a rostered employee required to work on a public holiday when as part of the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday normal roster (i.e. not as provided above they will overtime) shall be paid at double the ordinary hourly rate of pay time one (T2T1) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003addition to normal salary. 10.5 An 11.5 If the employee who is required to work or is on call on a public holiday as provided above, but the employee(s) is not called in also entitled to work, shall be granted an alternative day’s holiday, except where . 11.6 If the public employee is entitled to an alternative holiday falls it is to be a whole working day off to be taken on a Saturday or Sunday day agreed by the employer and its observance the employee. If no agreement is transferred to a Monday or Tuesday which reached, then the employee also works. Such may within 12 months of becoming entitled to the alternative holiday shall determine when the day is to be taken (having taken into account the employer’s view and given not less than 14 days notice). After 12 months the employer may determine when the alternative holiday is to be taken having given the employee not less than 14 days’ notice or the parties may agree that the alternative holiday be exchanged for a payment to be agreed 11.7 Public Holidays falling during leave, time off, or off duty days will be taken and paid as specified for in the accordance with The Holidays Act 2003. 10.6 Those 11.8 When part time employees who work fixed days (example every Monday to Wednesday) they will receive a night shift which straddles day’s leave if a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty one of those fixed days and they work it. If they are not required to work that day, then they will receive the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each paid public holiday. b) Part11.9 This clause shall only apply to employees employed under the “SCL-code”, MLSouth employees at Christchurch, and employees at Timaru, Xxxxxx and Marlborough. When part time employees – Where a part-time employee’s work full rotating shifts (i.e. work different set of days of work are fixedeach week - Monday to Thursday week 1, the employee shall only be entitled Tuesday to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee Friday week 2 and so on) they shall be entitled to paid all public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.holidays)

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. 37.1 For the purposes of this clause an employee is deemed to have been required to work if they were rostered onAgreement, public holidays will be those public holidays gazetted by the authority of the Commonwealth Government, or on-call the New South Wales Government, and actually called such proclaimed or gazetted holiday is to be observed generally by persons in to workthe State or in the region. They are not deemed to have been required to work if they were on-call but not called back to workThese holidays include: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day. b) Where an employee is not required 37.2 Subject to clause 37.3, all Employees excluding casual Employees who would normally work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should on a day where a public holiday fall on a weekendfalls, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect that day off work without loss of each their Ordinary Rate of Pay. When a public holidayholiday falls on a non-working day, the Employee is not entitled to an extra day's pay or to another day off. 10.3 In order to maintain essential services, the employer 37.3 An Employee may require an employee be requested to work on a public holiday if necessary to meet the operational requirements of the business. 37.4 For the purposes of determining when the public holiday a certain shift falls on a day which, but for it being a public holiday, would otherwise where the major part of the shift falls on the public holiday, the entire shift will be treated as falling on the public holiday. Accordingly, where a working day for the employee. 10.4 When employees work minor part of a shift falls on a public holiday holiday, none of the shift will be treated as provided above falling on the public holiday. 37.5 If an Employee works on a public holiday, they will be paid double time and one half for a minimum of four (4) hours. Where the time worked is more than the Ordinary Hours of Work, such additional time worked will be paid at double time and one half. eg: an Employee who normally works 8 ordinary hours on the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative day a holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, falls but is not called in only required to work, shall be granted an alternative work 4 hours on the holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall would be paid at public holiday rates 8 ordinary hours plus time and a half for those the four hours which occur on worked (i.e. a total of 14 hours pay for the public holiday day). Alternatively, by agreement between the Company and the applicable rates Employee, another alternate day may be substituted for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-37.6 An Employee who works on Christmas Day or Good Friday will be paid triple time employees – Where for the hours worked, ie- double time for the hours worked plus the Ordinary Rate of Pay. 37.7 In addition to the public holidays listed above, an Employee excluding a part-time employee’s days of work are fixedcasual Employee, the employee shall only will be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the granted an additional 1 day of the week that the public holiday falls more than 40% of the time over the last three monthspaid leave each year. Payment This day will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When referred to as Company Picnic Day and will be treated as if it was a public holiday holiday. The designation of when the Company picnic day falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled will be at the Company’s discretion. Any untaken additional days under this clause will not accumulate from year to that holiday which is not debited against such leaveyear.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 6.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned): 10.2 6.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 6.2.1 Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, on or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) 6.2.2 Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) 6.2.3 Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 6.3 The observance of Anzac day and Waitangi Day shall be in accordance with the provisions of Section 45A of the Holidays Act 2003.‌‌‌‌ 6.4 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 6.5 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 6.6 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 6.7 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 6.8 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Dental Therapists and Dental Assistants Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January ’s Day, the day after New Year’s Day, Waitangi Day Day, Anzac Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Sovereign's Birthday ’s Birthday, Matariki Day, Labour Day Christmas Day Boxing Day Day, Anniversary Day (as observed local) or day in the locality concerned) 10.2 The following shall apply to the observance of lieu, Christmas Day, Boxing Day, New Year’s . a. The University observes Easter Tuesday in lieu of Anniversary Day or 2 January, where such in Otago (Otago Campus). In the event of a day falls public holiday falling on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the , such public holiday shall, for that employee, shall be observed on that Saturday or Sunday the succeeding Monday, and transfer in the event of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered onanother public holiday falling on such Monday, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the such other holiday shall be transferred to observed on the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003succeeding Tuesday. c) Should b. When required by us, you shall work on the day a public holiday fall on is legally observed and shall be paid at time and a weekendhalf for all hours worked and shall, in addition, receive another day off in lieu. c. Where a Public Holiday is a day which would otherwise be worked and an employee is required we require you to work on both the public holiday and the week day to which the observance is transferredwork, the employee then you will be paid at weekend rates the rate of pay which you would have received if you had worked that day, a penalty payment equal to 50% of your normal hourly rate for the hours actually worked plus a whole paid alternative holiday. If you do not usually work on a public holiday, but do work, you will be entitled to time and a half for the time worked on the weekday/transferred worked, but not an alternative holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order These provisions shall not apply to maintain essential services, the employer may require an employee employees who choose to work on a public holiday when the public holiday falls on without a day which, but for it being a public holiday, would otherwise be a working day for the employeerequest from us. 10.4 When employees work on a public holiday as provided above they will d. Where we require you to be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided abovewhich would otherwise be worked and there are restrictions imposed by the on-call condition on your freedom of action such that you have not had a whole holiday, but is not called in to work, you shall be granted entitled to an alternative holiday, except where the public holiday falls . If you are on a Saturday or Sunday call and its observance is transferred are required to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles on a public holiday, you shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates a penalty payment equal to 50% of your normal hourly rate for the remainder of the shift. One hours actually worked plus a whole paid alternative holiday shall apply in respect of each public holiday or part thereof workedholiday. 10.7 Off duty day upon which e. Full-time staff whose specified hours of work are not Monday to Friday will receive the employee does not work: a) Fulltime employees – For fulltime employees and where a same number of public holiday, holidays as other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later datestaff. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January a public holiday falling on either a Saturday or Sunday and a full day the full-time employee is rostered off duty on both that day and the weekday to which the observance is transferredstaff member does not normally work, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only staff member will be entitled to public a paid holiday provisions if to be taken on any other day agreed between the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payparties. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Individual Employment Agreement

Public Holidays. 10.1 ‌ 18.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)) Matariki 10.2 18.2 The following shall apply to the observance of Waitangi Day, Anzac Day, Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a(i) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered onon duty, or on-call and actually call, called in to workwork or works overtime. They are not deemed to have been required to work if they were on-call but not called back to work. b(ii) If an employee is rostered on duty (i.e. does not apply to on-call work) on that Saturday or Sunday but does not work, they will be paid relevant daily pay for the day, and transfer of the observance will not occur. Note: When the public holiday for the employee is observed on the Saturday or Sunday, the weekday is treated as a normal working day for that employee, subject only to the possible payment of weekend rates in accordance with clause 18.5 below. (iii) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b45(1)(b) and (d) and 45 A(1)(b) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and . For the purposes of this clause an employee is deemed NOT to have been required to work if they were NOT rostered on both the public holiday and the week day duty, or on-call, or were on-call but not called back to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holidaywork or did not work overtime. 10.3 18.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 18.4 When employees work an employee works on a public holiday as provided above which would otherwise be a working day for the employee, they will be paid at double time one (T1) in addition to the ordinary hourly rate of pay (T2) pay, for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of 18.5 Should Christmas Day, Boxing Day, New Year’s Day or 2 January falling fall on either a Saturday or Sunday Sunday, and a full time an employee is rostered off duty required to work (including being on call and called out, or working overtime) on both that day the public holiday and the weekday week day to which the observance is would otherwise be transferred, the employee shall only receive will be paid in accordance with clause 18.4 for time worked on the public holiday and then at weekend rates for the time worked on the corresponding weekday. Only one alternative holiday will be granted in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 The following days shall be observed as public holidays: New Year's Day 2 January ’s Day, the day after New Year’s Day, Waitangi Day Day, Anzac Day, Good Friday Friday, Easter Monday ANZAC Day Monday, Sovereign's Birthday ’s Birthday, Labour Day Christmas Day Boxing Day Day, Anniversary Day (as observed local) or day in the locality concerned) 10.2 The following shall apply to the observance of lieu, Christmas Day, Boxing Day, New Year’s . a. The University observes Easter Tuesday in lieu of Anniversary Day or 2 January, where such in Otago (Otago Campus). In the event of a day falls public holiday falling on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the , such public holiday shall, for that employee, shall be observed on that Saturday or Sunday the succeeding Monday, and transfer in the event of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered onanother public holiday falling on such Monday, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the such other holiday shall be transferred to observed on the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003succeeding Tuesday. c) Should b. When required by us, you shall work on the day a public holiday fall on a weekend, is legally observed and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will shall be paid at weekend rates time and a half for all hours worked and shall, in addition, receive another day off in lieu. c. Where a Public Holiday is a day which would otherwise be worked and we require you to work, then the you shall be paid the rate of pay which you would have received if you had worked that day, a penalty payment equal to 50% of your normal hourly rate for the hours actually worked plus a whole paid alternative holiday. If you do not usually work on a public holiday, but do work, you will be entitled to time and a half for the time worked on the weekday/transferred worked, but not an alternative holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order These provisions shall not apply to maintain essential services, the employer may require an employee employees who choose to work on a public holiday when the public holiday falls on without a day which, but for it being a public holiday, would otherwise be a working day for the employeerequest from us. 10.4 When employees work on a public holiday as provided above they will d. Where we require you to be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided abovewhich would otherwise be worked and there are restrictions imposed by the on call condition on your freedom of action such that you have not had a whole holiday, but is not called in to work, you shall be granted entitled to an alternative holiday, except where the public holiday falls . If you are one call and are required to work on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, you shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates a penalty payment equal to 50% of your normal hourly rate for the remainder of the shift. One hours actually worked plus a whole paid alternative holiday shall apply in respect of each public holiday or part thereof workedholiday. 10.7 Off duty day upon which e. Full-time staff whose specified hours of work are not Monday to Friday will receive the employee does not work: a) Fulltime employees – For fulltime employees and where a same number of public holiday, holidays as other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later datestaff. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January a public holiday falling on either a Saturday or Sunday and a full day the full-time employee is rostered off duty on both that day and the weekday to which the observance is transferredstaff member does not normally work, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only staff member will be entitled to public a paid holiday provisions if to be taken on any other day agreed between the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily payparties. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Individual Employment Agreement

Public Holidays. 10.1 12.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). 10.2 12.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003Xxx 0000. (c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 12.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 12.4 When employees are required to work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.5 12.5 An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003Xxxxxxxx Xxx 0000. 10.6 12.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 12.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 12.8 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 13.1 Those employees who work a night shift that straddles a public holiday shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rate for the remainder of the shift. One alternate holiday shall apply in respect of each public holiday or part thereof worked. 13.2 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned). Matariki 10.2 13.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 13.4 When employees are required to work on public holiday as provided above, they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 13.5 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or Day, 2 January, Waitangi Day, and ANZAC day where such a day falls on either a Saturday or a Sunday: (a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. (b) When the public holiday for the employee is observed on the Saturday or Sunday, then the weekday is treated as a normal working day for that employee, subject only to the possible payment of weekend rates in accordance with Clause 13(d) below. (c) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b45(1)(b) and (d) of the Holidays Act 2003. c(d) Should a public holiday Christmas, Day, Boxing Day, New Year’s Day or 2 January fall on a weekend, and an employee is required to work on both the public holiday and the week day weekday to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services(e) Should Waitangi Day or Anzac, the employer may require Day fall on a weekend, and an employee is required to work on a public holiday when both the public holiday falls on a day whichand the weekday to which the observance is transferred, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they employee will be paid at double ordinary rates for the ordinary hourly rate of pay (T2) for each hour time worked and they shall on the weekday/transferred holiday. Only one alternative holiday will be granted an alternative in respect of each public holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 13.6 An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 13.7 Off duty day upon which the employee does not work: (a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day 2 January, Waitangi Day or 2 January ANZAC day falling on either a Saturday or Sunday and a full full-time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 4040 % of the time over the last three months. Payment will be relevant daily pay. 10.8 13.8 Public holidays falling during leave: (a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 ‌ 33.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sundayholidays for employees covered by this Agreement: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.New Year's Day b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.Australia Day c) Should Good Friday d) Easter Saturday e) Easter Sunday f) Easter Monday g) Anzac Day h) Queen's Birthday i) Labour Day j) Christmas Day k) Boxing Day l) any other day or part thereof proclaimed or declared and observed as a public holiday; and m) an extra day each year to be taken between Christmas and New Year's Eve. The actual day observed will be subject to the rostering and operational requirements at the relevant facility. This extra day shall apply in substitution for any additional local public holiday fall or half local public holiday proclaimed or declared in a local government area. 33.2 Payment for work done on public holidays a) All work done by a full time or part time employee during their ordinary shifts on a weekendpublic holiday, including a substituted day and an employee is required to work on both the additional public holiday between Christmas Day and New Years' Day, will be paid at 250% of their ordinary rate of pay. Alternatively, if the week day to which the observance is transferredemployee elects, the employee will be paid at weekend rates 150% of their ordinary rate for the all time worked during their ordinary shifts on a public holiday and have the weekday/transferred holiday. Only one alternative holiday will be granted in respect same number of each public holidayordinary hours worked added to the period of annual leave. 10.3 In order b) A casual nursing employee who is required to maintain essential services, the employer may require an employee to and does work on a public holiday when shall be paid for the time actually worked at the rate of double time and one-half, such payment being in lieu of weekend or shift allowances and the casual loading which would otherwise be payable had the day not been a public holiday. c) A casual aged care employee who works on a public holiday shall be paid for the time actually worked at the rate of 275%, such payment being in lieu of weekend or shift allowances and the casual loading which would otherwise be payable had the day not been a public holiday. 33.3 Public holiday substitution An employer and the employees may, by agreement, substitute another day for a public holiday. 33.4 Public holidays occurring on rostered days off All full and part time employees will receive a day's ordinary pay for public holidays that occur on their rostered day off except where the public holiday holidays fall on Saturday or Sunday with respect to Monday-Friday employees. 33.5 Accrued days off on public holidays Where an employee's accrued day off falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they another day, determined by Bupa, will be paid at double taken instead within the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003same four or five week work cycle, where practical. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Enterprise Agreement

Public Holidays. 10.1 11.1 The following days shall be observed as paid public holidaysholidays if they fall on a day that would otherwise be a working day for the employee: ▪ The day after New Year's Day 2 January ▪ New Year's Day ▪ Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day ▪ Matariki ▪ Applicable Anniversary Day (as observed in the locality concerned)Day 10.2 The following shall apply to the observance of 11.2 Where Christmas Day, Boxing Day, New Year’s Day, 2nd January, Waitangi Day or 2 January, where such a ANZAC Day (or any other day as prescribed by The Holidays Act) falls on either a weekend and that day: • is otherwise a working day for the Employee then the public holiday is treated as falling on the day it actually falls; • is not otherwise a working day for the Employee and is a Saturday or a Sunday: a) Where an employee then that public holiday is required to work that Saturday or Sunday treated as falling on the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occurfollowing Monday. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work otherwise a working day for the Employee and is a Sunday on which Boxing Day or 2nd January actually falls then that Saturday Boxing Day or Sunday, observance 2nd of the holiday shall be transferred to January is treated as falling on the following Monday and/or Tuesday in accordance with Tuesday. • is not otherwise a working day for the provisions of Sections 45 (1) (b) Employee and (d) of is a Sunday on which Waitangi Day or ANZAC Day falls then that Waitangi Day or ANZAC Day is treated as falling on the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an following Monday. • Any employee who is required to work on both New Year’s Day, 2nd of January, Christmas Day, Boxing Day, Waitangi Day or ANZAC Day when those holidays fall on a Saturday or Sunday and is required to work on the days on which they are observed shall receive the public holiday and penal payment for the week day to actual days on which the observance is transferredthey fall, the employee will be paid at weekend rates penal payment for the time worked days on the weekday/transferred holiday. Only one alternative holiday will be granted which they are observed and a day in respect of lieu for each public holidayholiday worked. 10.3 In order 11.3 The employee agrees to maintain essential services, the employer may require an work on public holidays if requested to do so. 11.4 If a rostered employee required to work on a public holiday when as part of the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday normal roster (i.e. not as provided above they will overtime) shall be paid at double the ordinary hourly rate of pay time one (T2T1) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003addition to normal salary. 10.5 An 11.5 If the employee who is required to work or is on call on a public holiday as provided above, but the employee(s) is not called in also entitled to work, shall be granted an alternative day’s holiday, except where . 11.6 If the public employee is entitled to an alternative holiday falls it is to be a whole working day off to be taken on a Saturday or Sunday day agreed by the employer and its observance the employee. If no agreement is transferred to a Monday or Tuesday which reached, then the employee also works. Such may within 12 months of becoming entitled to the alternative holiday shall determine when the day is to be taken (having taken into account the employer’s view and given not less than 14 days’ notice). After 12 months the employer may determine when the alternative holiday is to be taken having given the employee not less than 14 days’ notice or the parties may agree that the alternative holiday be exchanged for a payment to be agreed 11.7 Public Holidays falling during leave, time off, or off duty days will be taken and paid as specified for in the accordance with The Holidays Act 2003. 10.6 Those 11.8 When part time employees who work fixed days (example every Monday to Wednesday) they will receive a night shift which straddles day’s leave if a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty one of those fixed days and they work it. If they are not required to work that day, then they will receive the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each paid public holiday. b) Part11.9 This clause shall only apply to employees employed under the “SCL-code”, MedLab South employees at Christchurch, and employees at Timaru, Nelson and Marlborough. When part time employees – Where a part-time employee’s work full rotating shifts (i.e. work different set of days of work are fixedeach week - Monday to Thursday week 1, the employee shall only be entitled Tuesday to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee Friday week 2 and so on) they shall be entitled to paid all public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.holidays)

Appears in 1 contract

Samples: Collective Agreement

Public Holidays. 10.1 18.1 The following entitlements in this clause are inclusive of the employee’s entitlements in accordance with the Xxxxxxxx Xxx 0000 and its amendments. Where for any reason the provisions of this clause vary from this of the Xxxxxxxx Xxx 0000 and its amendments, the provision of the Act and its amendments shall prevail. The parties acknowledge that there is a shared collective responsibility for maintaining 24 hour, 7 days a week continuous care of residents, inclusive of Public Holidays. Rosters will reflect a fair distribution of work on Public Holidays between all employees. 18.2 Subject to the following, public holidays shall be paid in accordance with the Xxxxxxxx Xxx 0000 and its amendments. Unless otherwise agreed the recognised holidays are:  Christmas Day  Boxing Day  New Years Day  The second day of January  Waitangi Day  Good Friday  Easter Monday  Anzac Day  The birthday of the reigning sovereign  Labour Day  Provincial Anniversary Day 18.3 Should any public holidays over the Christmas and New Year period or ANZAC or Waitangi day holidays fall on a Saturday or Sunday in any particular year, such holidays shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in on accordance with Section 45 and Section 45A of the locality concerned)Holidays Xxx 0000. 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) 18.4 Where an employee is required to work on a recognised Public Holiday and that Saturday day would normally be a working day the employee shall be paid his/her relevant daily pay or Sunday the holiday shalltheir average daily pay (whichever rate is applicable) plus half that rate again, for that employee, be observed the time actually worked on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to workpublic holiday. b) Where an employee is not required to work that Saturday or Sunday, observance of 18.5 If the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the a public holiday and that day is a day the week day employee would have normally be required to which the observance is transferredwork, the employee will shall also be paid entitled to an alternate holiday (day in lieu) which shall be taken at weekend rates for the a mutually agreed time. If such time worked on the weekday/transferred holiday. Only one alternative holiday will is unable to be granted in respect of each public holiday. 10.3 In order to maintain essential services, mutually agreed the employer may require an employee to work on determine the day with 14 days notice. 18.6 Where a public holiday when the public holiday Public Holiday falls on a day which, but for it being a public holiday, would otherwise normally scheduled to be a working day for worked and the employee. 10.4 When employees employee does not work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided abovethat day, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, it shall be paid at his/her relevant daily pay or, if this cannot be calculated, by the average daily pay rate. 18.7 Where an employee works on a day that would not normally be a working day, they are entitled to be paid at times one and a half of your normal hourly rate. You will not be entitled to an alternative holiday. 18.8 The employee agrees to attend for work on any public holiday rates for those hours which occur on he/she has been rostered unless the public employer has granted prior approval for leave. 18.9 If an employee has not taken an alternate holiday and the applicable rates for the remainder within twelve (12) months of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty dayentitlement arising, the employee shall be granted may agree to exchange the alternate holiday for an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holidayagreed payment. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.

Appears in 1 contract

Samples: Collective Agreement

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